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(영문) 춘천지방법원 2012.12.12 2012노496
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not assault F at the time of the instant case.

2. The degree of the formation of a conviction in a criminal trial should be such that there is no reasonable doubt as to the degree of the formation of a conviction, but it does not require all possible doubts to the extent of excluding all possible doubts, and rejection of a conviction by causing a suspicion of having probative value without reasonable grounds is not allowed as exceeding the bounds of the principle of free evaluation of evidence.

Therefore, the credibility of a witness’s statement is not readily denied solely on the ground that the witness’s statement is consistent (see, e.g., Supreme Court Decision 94Do1335, Sept. 13, 1994). If the witness’s statement is consistent in the main part of the statement, it is somewhat inconsistent with the statement concerning other minor matters.

(2) In light of the aforementioned legal principles, the lower court’s determination on the credibility of a statement made by a witness of the first instance court is clearly erroneous, or the lower court’s determination on the credibility of a statement made by a witness of the first instance court is clearly erroneous, in light of the content of the first instance judgment and the evidence duly examined by the first instance court, and the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is not deemed unreasonable, except in exceptional cases where it is clearly deemed that maintaining the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is significantly unfair, in light of the first instance court’s results of the first instance examination and the evidence duly examined by the court of first instance, and the first instance’s determination on the credibility of a statement made by a witness of the first instance court is different from the appellate court’s determination on the credibility of the statement made by the witness of the first instance court.

(See Supreme Court Decision 2006Do4994 delivered on Nov. 24, 2006). Gamba, the Defendant’s charges of this case.

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