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(영문) 울산지방법원 2015.10.08 2015노647
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal does not constitute an act of assaulting a victim and inflicting an injury on the victim as stated in the facts constituting the crime in the judgment below.

2. In light of the difference between the first instance court and the appellate court’s method of assessing the credibility of a statement made by a witness of the first instance court, if there are special circumstances to deem that the first instance court clearly erred in the determination of the credibility of a statement made by a witness of the first instance in light of the content of the first instance judgment and the evidence duly examined by the first instance court, or if it is not an exceptional case where it is deemed that maintaining the first instance court’s decision on the credibility of a statement made by a witness of the first instance court is remarkably unfair considering the result of the first instance court’s examination and the result of additional evidence examination conducted by the time of closing argument in the appellate court, the appellate court shall not reverse without permission the first instance court’s decision solely on the ground that the

(2) On June 24, 2010, in light of the above legal principles, the following circumstances acknowledged by the court below and the evidence duly admitted and investigated by the court below (see, e.g., Supreme Court Decision 2010Do3846, Jun. 24, 2010). In other words, the victim consistently stated that the victim was injured on the left side by assaulting his face and clothes through drinking by the defendant from the investigative agency to the court of the court of the court below, and consistently stated that the victim was injured on the left side. ② G and H stated in the court of the court below that the defendant and the victim suffered a noise dispute within the room of the court of the case on the day of this case. ③ Also, G showed showed that the victim was exposed to the victim’s snow while living in the room of the court of the court and stated that “the victim was “the victim was at the time of his own body,” and ④ at the time when the defendant made a statement at the court of the court of the court below.

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