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(영문) 대구지방법원 2014.05.16 2013노2664
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal does not contain any assault against the victim, and the victim goes beyond her frighten by his own movement, and despite the fact that the statement by the defendant and G was sufficiently reliable, the court below convicted the defendant by reliance on the victim's statement. The judgment of the court below is erroneous in matters of law by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. Considering 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 in light of the substance of the first instance judgment and the evidence duly examined by the first instance court, unless there exist special circumstances to deem that the first instance court clearly erred in the determination of the credibility of a statement made by a witness of the first instance 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 judgment on the credibility of a statement made by a witness of the first instance in full view of the results of the first instance court’s examination and the results of additional evidence examination by the time of closing argument in the appellate court, the appellate court shall not reverse the first instance court’s judgment on the grounds that the first instance court’s judgment on the

(See Supreme Court Decisions 2006Do4994 Decided November 24, 2006; 2008Do4449 Decided July 29, 2010; 201Do5313 Decided June 14, 2012, etc. (see, e.g., Supreme Court Decisions 201Do5313, Jun. 24, 2012).

In full view of the following facts acknowledged by the lower court and the lower court’s duly examined, the lower court rejected the credibility of the Defendant and G’s statement, and clearly erred in the lower court’s determination that recognized the credibility of the victim C’s statement.

It is necessary to maintain the judgment of the court below on the credibility of the judgment.

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