(영문) 대구지방법원 2016.06.24 2015노4015 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2016.06.24 2015노4015

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit a crime that the lower court found guilty.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence of a fine of KRW 500,000 sentenced by the lower court is too unreasonable.

2. Determination

A. (1) Determination of the assertion of mistake of facts is clearly erroneous in the first instance judgment as to the credibility of the statement made by the first instance trial witness in light of the spirit of substantial direct psychological principle adopted by the Korean Criminal Procedure Act.

Unless there are extenuating circumstances to view that maintaining the first instance court's judgment on the credibility of the statement made by the witness of the first instance court is significantly unfair, or considering the results of the first instance court's examination and the results of additional examination conducted until the closing of oral proceedings, the appellate court shall respect the judgment on the credibility of the statement made by the witness of the first instance court (see Supreme Court Decision 2006Do4994, Nov. 24, 2006, etc.). (2) The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the victim is present at the court of the lower court as a witness and the victim shall not throw away waste to the defendant at around 6:50 minutes before September 16, 2014.

In other words, I ambling with the trial expenses, and dumbling with flaps and drink once.

“(Public Trial Records No. 58,59 of the trial record)” and “I have received a written diagnosis of injury immediately to Absia hospital on the 16th day of the day on which the assault was committed as above.”

"(Public trial records No. 59, 60 pages)" and "S. 17 September 17, 2014. . . . . . . . . . . . . . . . . .. .. .. .. .. .. .. .. ... .. ... ... ... .... .... ....

In the last time, there is no capital stock after the end.

참조판례

-대법원 2006. 11. 24. 선고 2006도4994 판결

유사 판례

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