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(영문) 서울중앙지방법원 2014.08.22 2014노1333
폭행치상
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the defendant was that the defendant was not infusing the floor by pushing the victim E with his chest, and there was no intention to commit assault.

Nevertheless, the court below erred in finding the Defendant guilty of the facts charged in this case by misunderstanding the facts.

2. 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 substantial direct examination adopted by the Korean Criminal Procedure Act as an element of the trial-oriented principle, the appellate court should not reverse without permission the first instance court’s determination on the credibility of the statement made by a witness of the first instance on the ground that it is extremely unreasonable to maintain the first instance court’s determination on the credibility of the statement made by the witness of the first instance, considering the contents of the first instance judgment and the evidence duly examined by 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 that the first instance court’s determination on the credibility of the statement made by the witness of the first instance was clearly erroneous, or 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 light of the evidence examination and the evidence duly examined by the first instance court. (See, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2).

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