(영문) 대구지방법원 2017.08.11 2016노5573 | 리걸엔진

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(영문) 대구지방법원 2017.08.11 2016노5573

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In fact, the Defendant was found guilty of the facts charged on the sole basis of the victim’s statement that was not reliable, even though the victim did not assault the victim, as stated in the facts charged, even though the victim did not have committed an assault as stated in the facts charged, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2) The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Determination

A. The first instance judgment on the credibility of the statement made by the witness of the first instance trial was clearly erroneous in light of the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act to determine the Defendant’s misunderstanding of facts.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court by taking account of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings, the appellate court shall respect the first instance judgment on the credibility of the statement made by the witness of the first instance court (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). The Defendant asserted to the same effect as the grounds for appeal of this case at the lower court, and the lower court, after the direct examination of evidence by the victim, has been conducted, has credibility.

Based on the judgment of the court below, the charged facts of this case were convicted.

From the investigative agency to the court of the court below, the statements of the victim from the investigative agency to the court of the court below are mutually consistent, considerably specific and natural, and there is no contradiction before and

In light of the relationship between the defendant and the victim and the circumstances of the case.

참조판례

-대법원 2006. 11. 24. 선고 2006도4994 판결

유사 판례

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