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(영문) 전주지방법원 2020.05.12 2020노48
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The grounds for appeal (the fact-finding) was that the Defendant tried to talk with the victim, and did not exercise any power or complete force against the victim.

The injury of the victim is a false fact that has been raised in a false exaggeration.

2. When considering the difference between the original court and the appellate court’s method of evaluation of credibility in accordance with the spirit of the principle of substantial direct examination adopted by the Criminal Procedure Act as an element of the principle of court-oriented trial, the appellate court should not reverse without permission the lower court’s judgment on the sole ground that the lower court’s determination on the credibility of the statement made by the witness was clearly erroneous in light of the contents of the original judgment and the evidence duly examined by the original court, or that it is clearly unreasonable to maintain the lower court’s determination on the credibility of the statement made by the witness in light of the results of examination and the evidence duly examined by the original court, and the results of additional examination by the time of closing argument in the appellate court, unless there are exceptional circumstances where it is deemed that maintaining the lower court’s determination on the credibility of the statement made by the witness in the original court is clearly unreasonable, and it is difficult to view that the lower court’s determination on the credibility of the statement made by the witness in the first instance as it is consistent with the lower court’s judgment’s determination on the grounds that it differs from the appellate court’s judgment’s determination.

Therefore, the defendant's assertion of mistake is without merit.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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