(영문) 청주지방법원 2019.11.22 2019노550 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2019.11.22 2019노550

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error) does not constitute assaulting the victim as stated in the facts charged, and the judgment of the court below which found the defendant guilty of the facts charged is erroneous in misconception of facts.

2. In light of the content of the judgment of the court of first instance and the evidence duly examined in the court of first instance, if there are extenuating circumstances to deem that the first instance judgment on the credibility of the statement made by a witness of the court of first instance was clearly erroneous, or if it is clearly deemed that maintaining the first instance judgment on the credibility of the statement made by a witness of the court of first instance is considerably unfair considering the results of the first instance and the results of additional evidence examination by the time the arguments are concluded, the appellate court shall not reverse the first instance judgment solely on the ground that the first instance judgment on the credibility of the statement made by a witness of the court of first instance is different from the appellate court’s judgment (see, e.g., Supreme Court Decisions 2008Do7917, Jan. 30, 2009; 2013Do5029, Sept. 12, 2013). The victim, as well as the investigative agency and the court of first instance, made a statement consistent with the facts charged.

The court below acknowledged the credibility of a statement in light of the following facts: (a) the witness was directly observed in the process of the examination of the witness; and (b) the circumstance and body parts of the witness who was assaulted by the defendant; (c) the method of violence; (d) the situation at the time; and (e) the speech and behavior given and received at the time and other atmospheres of the witness; and (e

In light of the records and thorough comparison, the lower court’s determination of credibility is sufficiently acceptable and it is difficult to find any special circumstances to deem that the judgment was clearly erroneous.

The defendant is "as soon as he/she goes to go to the face of the victim by leaving the body of the victim" at an investigative agency.

참조판례

-대법원 2009. 1. 30. 선고 2008도7917 판결

유사 판례

-청주지방법원 2019.09.27 2019노160

-전주지방법원 2019.08.14 2018노1793

-청주지방법원 2019.05.24 2019노15

-청주지방법원 2019.05.17 2018노1522

-전주지방법원 2020.01.08 2019노1427