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(영문) 춘천지방법원 2020.05.22 2019노206
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendants did not inflict any injury on the victim.

2. In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or in exceptional cases where it is deemed significantly unreasonable to maintain the first instance court’s decision on the credibility of a statement made by a witness of the first instance court in full view of the results of the first instance court’s examination and the results of additional evidence examination conducted until the closing of argument in the appellate court, the appellate court should not reverse without permission the first instance court’s decision on the grounds that the first instance court’s decision on the credibility of a statement made by a witness of the first instance differs from the appellate court’s decision (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). The Defendants asserted the same as the facts charged in the instant case while denying the appellate court’s appeal.

After examining the victim as a witness, the lower court determined that the Defendants committed an assault and injury to the victim as stated in the facts charged of the lower judgment on the ground that the victim’s statement consistent with the facts charged of the instant case was reliable.

There is no special circumstance to deem that the lower court erred in its determination as to the credibility of the victim’s statement, and in full view of the results of the examination of evidence by the lower court, it does not seem that maintaining the lower court’s

The above mistake of facts by the Defendants cannot be accepted.

3. In conclusion, the Defendants’ appeal is without merit, and thus, it is in accordance with Article 364(4) of the Criminal Procedure Act.

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