(영문) 대구지방법원 2013.08.23 2013노366 | 리걸엔진

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 대구지방법원 2013.08.23 2013노366

폭력행위등처벌에관한법률위반(공동상해)

Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error) that Defendant A and Defendant B jointly assaulted Defendant A and Defendant B is consistent and reliable with C, G, and H’s statements. Thus, the Defendants may be found guilty of violating the Punishment of Violences, etc. Act (joint injury).

2. Determination

A. In light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act, unless there are special circumstances to deem that the first instance judgment on the credibility of the statement made by a witness of the first instance was clearly erroneous, or the first instance judgment on the credibility of the statement made by a witness of the first instance is clearly unreasonable in light of the results of the first instance examination and the results of the additional examination of evidence conducted by the time the argument in the appellate trial is concluded, the appellate court should respect the judgment on the credibility of the statement made by the witness of the first instance.

(See Supreme Court Decision 2006Do4994 Decided November 24, 2006, etc.). B.

The court below rejected the credibility on the grounds that the testimony as a witness of G and H is inconsistent and that the testimony is inconsistent with the statements made by other witnesses. Even if the evidence duly admitted and examined by the court below is closely examined, the above judgment of the court below is not judged to be considerably unfair, and the statements made by C in investigation agency is not consistent with the statements made in relation to the background, parts, and subsequent circumstances of assault, and it is difficult to believe that some statements made by C are merely merely on the side of the prosecution and it is difficult to believe.

On the other hand, K and I at the present site stated that Defendant B was not at the investigative agency to see that Defendant B was at the time, and therefore, the evidence submitted by the prosecutor alone cannot be deemed as proved to the extent that there is no reasonable doubt as to the fact that Defendant B sustained an injury jointly with Defendant A.

B. Therefore, prosecutor's assertion is without merit.

3. Conclusion.

참조조문

-폭력행위 등 처벌에 관한 법률

-형사소송법

참조판례

-대법원 2006. 11. 24. 선고 2006도4994 판결

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