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(영문) 의정부지방법원 2017.09.25 2017노2241
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. On April 25, 2017, the Defendant did not take a bath or assault against the victim regarding (i) the Defendant’s insult and obstructing the performance of official duties.

The Defendant did not assault the victims with respect to the violence on April 17, 2017.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. In light of the difference between the original court and the appellate court’s method of assessing the credibility of a witness’s statement in light of the contents of the original judgment and the evidence duly examined in the original judgment, the lower court’s judgment was clearly erroneous in determining the credibility of the witness’s statement in light of the contents of the original judgment and the evidence duly examined in the original judgment.

If there are extenuating circumstances to see the lower court’s judgment as to the credibility of a statement made by a witness of the lower court, or in full view of the results of the examination of evidence at the lower court and the results of an additional examination conducted until the closing of oral argument, it is not significantly unfair to maintain the lower court’s judgment as they are, the appellate court, on the sole ground that the lower court’s judgment on the credibility of a statement made by a witness of the lower court is different from the appellate court’s judgment, shall not reverse without permission the lower court’s judgment (see, e.g., Supreme Court Decisions 2006Do4994, Nov. 24, 2006; 201Do5313, Jun. 14, 2012). Although the Defendant asserted the same purport in the lower court, the lower court, while

On the other hand, the defendant's above assertion is rejected and the facts charged are found guilty.

In a thorough examination of the records of this case, the judgment of the court below which found the defendant guilty of the facts charged of this case is just and acceptable, and there is an error of law by misunderstanding the facts affecting the judgment.

subsection (b) of this section.

B. Sentencing;

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