(영문) 전주지방법원 2018.04.06 2018노86 | 리걸엔진

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(영문) 전주지방법원 2018.04.06 2018노86

폭력행위등처벌에관한법률위반(공동상해)등

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All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the facts) was without any injury to the victims as stated in the facts charged, and Defendant B also did not have any fact that the victim D’s son son son son son son son son son as described in the facts charged.

Nevertheless, the lower court erred by misapprehending the legal doctrine regarding the facts charged in the instant case, which found the victims guilty as evidence.

2. Considering the difference between the first instance court and the appellate court’s method of evaluating the credibility of the testimony, the first instance court’s determination on the credibility of the testimony made by the witness of the first instance court was clearly erroneous in light of the content of the first instance judgment and the evidence duly examined by the first instance court, and the evidence duly examined by the first instance court.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of the statement made by the witness of the first instance court, in full view of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of the appellate trial, the appellate court shall not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of the statement made by the witness of the first instance court is different from the appellate court's judgment (see Supreme Court Decision 2006Do4994, Nov. 24, 2006, etc.). The Defendants asserted to the same effect as the grounds for appeal in this part even in the lower court. The lower court rejected the Defendants' assertion by directly examining the victims, and directly examining and observing the victims, such as the form, attitude, consistency, clarity, clarity, and accuracy of the statement made by the witness, and making a detailed statement in the "items of the Defendants and the defense counsel" of the judgment of the lower court.

The statements of victims from investigative agencies to the court of the court below are important.

참조판례

-대법원 2006. 11. 24. 선고 2006도4994 판결

유사 판례

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-전주지방법원 2017.01.12 2016노954