(영문) 청주지방법원 2021.01.08 2020노462 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2021.01.08 2020노462

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) of the facts charged in the instant case, related to the point of injury, and the Defendant did not support the victim’s left side of the sublime.

In addition, while one injured person has been in dispute with the defendant, the defendant's act is just a legitimate defense, since he/she continues to have his/her eye and head on the left side of the defendant, he/she is faced with the face of the defendant's back part of the defendant's vehicle to defend him/her, and he/she only suffered an unsatisfy in the course of exceeding the face of the defendant's back part of the defendant's vehicle.

2. Determination

A. In light of the difference between the first instance court and the appellate court’s method of evaluating credibility in accordance with the spirit of substantial direct deliberation adopted by the Korean Criminal Procedure Act as an element of the trial-oriented principle, the first instance court’s judgment on the credibility of the statement made by the first instance court was clearly erroneous in light of the content of the first instance court’s judgment and the evidence duly examined in the first instance trial.

Unless there are extenuating circumstances to see the credibility of the statement made by a witness of the first instance trial and the result of further examination of evidence conducted by the time the appellate trial is final and conclusive, the appellate court should not reverse without permission the first instance judgment on the ground that the first instance judgment on the credibility of the statement made by the witness of the first instance is different from the appellate court’s judgment (see Supreme Court Decision 201Do5313, Jun. 14, 2012). (b) The lower court also asserted the same purport as the grounds for appeal.

The lower court rejected the Defendant’s assertion and found the Defendant guilty of this part of the facts charged by explaining the judgment on the Defendant’s assertion from Nos. 4 to 6 of the judgment.

We affirm the judgment of the court below after closely comparing the contents stated by the court below with the records.

참조판례

-대법원 2012. 6. 14. 선고 2011도5313 판결

유사 판례

-전주지방법원 2017.01.12 2016노954

-전주지방법원 2018.01.18 2017노1450

-수원지방법원 2017.01.20 2016노5353

-수원지방법원 2017.02.10 2016노4101

-대법원 2017.09.07 2017도8280