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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds of appeal does not contain any fact that the Defendant inflicted an injury upon the victim beyond the victim (misunderstanding of facts). Even if the Defendant inflicted an injury on the victim, it is merely merely a fact that the Defendant was subject to collective assault from the victim and the victim, and constitutes a justifiable act (misunderstanding of legal principles).2.
A. In light of the content of the first instance judgment as to the assertion of mistake of facts and the evidence duly examined by the first instance court, the first instance judgment as to the credibility of the statement made by the first instance witness was clearly erroneous in the determination.
Unless there are extenuating circumstances to see the credibility of a statement made by a witness of the first instance trial and the result of an additional examination of evidence by the time the appellate trial is final and conclusive, the appellate court should not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of a statement made by a witness of the first instance trial is different from the appellate court’s judgment (see, e.g., Supreme Court Decisions 2006Do494, Nov. 24, 2006; 2017Do7871, Mar. 29, 2018). The lower court examines the victimized person as a witness of E and F, who is a witness, and finds credibility in the statement made by the victim and witness corresponding to the facts charged of the instant case.
Based on the judgment, the defendant was pronounced guilty.
Even if the court below duly adopted and examined the evidence, it was clearly erroneous in its determination.
It does not seem that there are special circumstances or circumstances to recognize that maintaining these judgments is considerably unfair, and considering the evidence duly adopted and examined by the court below, such as the statements of E and F with credibility, the defendant inflicts injury on E as stated in the judgment of the court below.