logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2012.11.07 2012노552
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not have committed all the crimes of this case as stated in each of the facts charged of this case, but the court below erred by misunderstanding the facts, thereby finding the defendant guilty, which affected the conclusion of the judgment.

2. The degree of the formation of a conviction in a criminal trial should be such that there is no reasonable doubt as to the degree of the formation of a conviction, but it does not require all possible doubts to the extent of excluding all possible doubts, and rejection of a conviction by causing a suspicion of having probative value without reasonable grounds is not allowed as exceeding the bounds of the principle of free evaluation of evidence.

Therefore, the credibility of a witness’s statement is not readily denied solely on the ground that the witness’s statement is consistent (see, e.g., Supreme Court Decision 94Do1335, Sept. 13, 1994). If the witness’s statement is consistent in the main part of the statement, it is somewhat inconsistent with the statement concerning other minor matters.

(2) In light of the aforementioned legal principles, the lower court’s determination on the credibility of a statement made by a witness of the first instance court is distinguishable from the appellate court’s determination on the credibility of a statement made by a witness of the first instance court, unless there exist special circumstances to deem that the first instance court’s determination on the credibility of a statement made by a witness of the first instance was clearly erroneous in light of the content of the first instance judgment and the evidence duly examined by the first instance court, or the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is clearly unreasonable in light of the first instance court’s determination and the evidence duly admitted by the first instance court at the time of the closing of argument in the appellate trial.

arrow