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The defendant's appeal is dismissed.
Reasons
피고인의 항소 이유 요지( 사실 오인) 피고인은 2015. 3. 2. 18:00 경 D 역을 출발하여 독산 역으로 진행하는 전동차 안에서 팔짱을 끼고 서서 오른쪽 팔꿈치로 피해자 E의 왼쪽 가슴을 1회 찌르듯이 누른 적이 없다.
Nevertheless, the lower court erred by misapprehending the facts by finding the Defendant guilty of the instant facts charged solely with the statements of E and F without any objective evidence.
Judgment
Considering the difference between the original court and the appellate court’s method of evaluating the credibility of the statement made by the witness in light of the contents of the original judgment and the evidence duly examined by the original court, the lower court’s judgment was clearly erroneous in determining the credibility of the statement made by the witness in light of the contents of the original judgment and the evidence duly examined by the original court.
If there are extenuating circumstances to see the judgment of the court below on the credibility of the statement made by the witness in the court below, or in full view of the results of the examination of evidence and the results of additional examination conducted until the closing of oral proceedings, it is not remarkably unfair to maintain the judgment of the court below on the credibility of the statement made by the witness in the court below, the appellate court shall not reverse without permission the judgment of the court below on the sole ground that the judgment of the court below on the credibility of the statement made by the witness in the court below is different from the judgment of the appellate court (see, e.g., Supreme Court Decisions 2011Do5313, Jun. 14, 2012; 2008Do449, Jul. 29, 2010; 2006Do4994, Nov. 24, 2006). The defendant asserted the above facts charged in this case. The court below rejected the defendant's assertion and recognized the credibility of the victim E and witness testimony.
The following circumstances that can be recognized by the evidence duly adopted and investigated by the court below, i.e., victim E, together with F, is a zero interpretation in the D calendar.