logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.10.26 2018노1277
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since each statement of the victim H and I is not consistent, the above victims' statements are less reliable.

In addition, in light of the above statements, it is doubtful whether the defendant had the intention of assault at the time of the case.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 700,000) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. Considering the difference between the method of evaluating the credibility of the first instance trial and the appellate trial based on the spirit of substantial direct deliberation, the first instance judgment was clearly erroneous in its determination on the credibility of the statement made by the first instance court in light of the content of the first instance judgment and the evidence duly examined in the first instance trial.

Unless there exist special circumstances to view that maintaining the first instance judgment on the credibility of a statement made by a witness of the first instance court is clearly unfair, or in full view of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings, the appellate court shall respect the first instance judgment on the credibility of the statement made by the witness of the first instance court (see, e.g., Supreme Court Decisions 2008Do7917, Jan. 30, 2009; 2017Do7871, Mar. 29, 2018). (b) The following circumstances acknowledged by the evidence duly adopted by the lower court and duly examined by the lower court, namely, (i) the victim H was sealed twice by the Defendant’s chest by two descendants from the investigative agency to the lower court.

The defendant made a statement (78 pages of evidence, 167 pages of the trial record), and the victim I made a statement that he left the defendant's first arms in his hands over several times (47 pages of evidence, 179 pages of the trial record), and the court below may directly summon the victims as witnesses and directly summon the victims, and then believe that the victims' statements may be trusted.

Based on the judgment of the court below, the charges of this case were convicted.

arrow