logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.04.18 2017노3561
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the victims tried to have aground to himself/herself and to put him/her aground, and there was no intentional assault or injury on behalf of the victims, and this constitutes legitimate defense.

2. Determination 1) Considering the difference between the spirit of substantial direct deliberation and the method of evaluating the credibility of the first instance trial and the appellate trial, the first instance judgment was clearly erroneous in its determination as to the credibility of the statement made by the witness of the first instance trial in light of the contents of the first instance judgment and the evidence duly examined in the first instance trial.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of the statement made by a witness of the first instance court by taking account of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings at the appellate court, the appellate court shall not reverse without permission the first instance judgment on the credibility of the statement made by the witness of the first instance court.

2) The Defendant argued to the same effect in the lower court.

The court below found credibility in the statement after directly examining the witness.

Based on the judgment of the court below, the facts constituting the crime in the judgment below were admitted as evidence, and the defendant's act cannot be viewed as a legitimate defense.

Unlike the above, there is no special circumstance to deem that the first deliberation judgment was clearly erroneous or that maintaining it as it is is considerably unfair, and in full view of the evidence duly adopted and examined by the original court, the judgment of the court below is justified.

Therefore, the defendant's assertion is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

arrow