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(영문) 서울중앙지방법원 2013.04.26 2013노754
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

(a) There is no fact that the defendant in mistake of facts has drawn up the victim's head debt in excess of the floor.

The injury of the Safafaf that the victim suffered is unrelated to the defendant's act.

B. In light of the fact that the defendant suffered serious assault from the victim, part of the defendant's act stated in the facts charged was not the defendant, and the injury that the victim suffered is not caused by the defendant's act, the punishment by the court below (the fine of 1.2 million won) is too unreasonable.

2. Determination

A. 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 the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is clearly erroneous in light of the evidence examination conducted by the first instance court and the first instance court’s evidence examination, except in exceptional cases where it is deemed that maintaining the first instance court’s determination on the credibility of a statement made by a witness of the first instance is considerably unreasonable in full view of the evidence examination conducted in the first instance court and the evidence examination conducted by the time of closing argument of the appellate court, the appellate court should not reverse the first instance court’s determination on the credibility of a statement made by the witness of the first instance court solely on the ground that the first instance court’s determination on the credibility of a statement made by the witness of the first instance court is different from the appellate court’s determination (see, e.g., Supreme Court Decision 2011Do5313).

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