logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.04.20 2019노6436
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of the grounds for appeal;

A. Defendant C did not have been suffering from beer disease to the victim G.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

B. Defendant A did not participate in the act of injury to the victim G.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous in misconception of facts.

2. Determination

A. In light of the difference between the first instance court and the appellate court’s method of evaluation of credibility in accordance with the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act as an element of the trial-oriented principle, the lower court determined that the first instance court’s determination on the credibility of the statement made by a witness of the first instance court was clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or that the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is clearly unreasonable in full view of the evidence examination results of the first instance trial and the evidence duly examined by the first instance court, and that the first instance court’s determination on the credibility of the statement made by the witness of the first instance court was clearly unreasonable in full view of the evidence examination results by the first instance court and the results of additional examination by the time of the closing of arguments, the appellate court, just because the first instance judgment on the credibility of the statement made by the witness of the first instance court is different from the appellate court’s determination (see, e.g., Supreme Court Decision 2006Do494). G.

The credibility of the victim G's statement is found.

arrow