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(영문) 제주지방법원 2016.12.15 2016노314
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an injury by assaulting the victim as stated in the facts charged of this case.

B. The lower court’s sentence of unreasonable sentencing (fine 1.5 million won) is too unreasonable.

2. Determination

A. 1) In light of the spirit of the substantial direct and psychological principle adopted by the relevant legal principles, the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is clearly erroneous or, in full view of the results of the first instance’s examination and the results of further examination of evidence conducted by the time of closing argument in the appellate court, the appellate court should respect the determination 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) unless there are exceptional cases where it is deemed that maintaining the first instance judgment on the credibility of the statement made by the witness of the first instance court is considerably unfair or unreasonable, and the appellate court should have respect the determination 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). 1) The victim stated that the causes of the assault and injury were seriously committed after the victim’s statement and the victim’s statement.

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