beta
Text
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. The court below's scope of trial in this Court dismissed the prosecution against each of the charges of violence against the defendant and sentenced him to the remainder of the charges.
However, since only the defendant appealed against the conviction part of the judgment below and did not appeal all the prosecutor and the defendant with respect to the dismissal of public prosecution, among the judgment below, the dismissal of public prosecution has become final and conclusive, and only the remaining guilty part is subject to judgment
2. Summary of grounds for appeal;
A. The Defendant cited an excessive error of fact and made no intimidation against the victim.
However, the judgment of the court below which found the defendant guilty is erroneous by misunderstanding facts and affecting the conclusion of the judgment.
B. The sentence imposed by the lower court on the Defendant (ten months of imprisonment) is too unreasonable.
3. Determination
A. 1) In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or in exceptional cases where it is deemed significantly unreasonable to maintain the first instance court’s decision on the credibility of a statement made by a witness of the first instance court in full view of the results of the first instance court’s examination and the results of additional evidence examination conducted by the time of closing argument in the appellate court, the appellate court should not reverse without permission the first instance court’s decision on the grounds that the first instance court’s decision on the credibility of a statement made by a witness of the first instance is different from the appellate court’s decision (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012) in light of the above legal principles.