(영문) 부산지방법원 2017.06.30 2016노4641 | 리걸엔진

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2017.06.30 2016노4641

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant did not inflict an injury by cutting the victim over the floor by pushing the victim, but the court below found the defendant guilty of the facts charged in this case. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.

2. In light of the spirit of substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, the first instance judgment on the credibility of the statement made by the first instance witness was clearly erroneous.

Unless there exist special circumstances to view that maintaining the first instance judgment on the credibility of a statement made by a witness of the first instance court is significantly unfair, or in full view 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). In full view of the evidence duly adopted and examined by the lower court, the victim has consistently stated at the investigative agency to the court of the lower court that it is difficult for the witness E to state or express without direct experience in the court of the lower court; the victim’s statement on the process, method, etc. of the instant crime and the victim’s statement made by the witness of the first instance court and E are considerably specific, natural and mutually contradictory, and thus, the credibility of the statement made by the victim and the victim’s statement made by the investigative agency of the lower court cannot be acknowledged.

There are statements (39 pages, 62 pages, 63 pages) and there is no additional evidence to reject the credibility of the statement with the victim and E, and there is no circumstance to see that the judgment of the court below is remarkably unfair.

Therefore, as stated in the judgment of the court below, the defendant's interest in the victim was sealed.

참조판례

-대법원 2006. 11. 24. 선고 2006도4994 판결

유사 판례

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