(영문) 대구지방법원 2017.12.08 2017노2984 | 리걸엔진

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(영문) 대구지방법원 2017.12.08 2017노2984

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who is aware of the fact, has a lot of charges in the taxi, had a dispute with the victim, and had the victim expressed his/her desire during that process, but did not have the fact that he/she had the victim expressed his/her desire.

However, the court below found all of the charges of this case guilty on the basis of the statements made by the victim without credibility. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. In light of the spirit of substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, the first instance judgment on the credibility of the statement made by a witness of the first instance court was clearly erroneous in determining the assertion of misunderstanding of facts.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a 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, the appellate court shall respect the first instance judgment on the credibility of the statement made by the witness of the first instance court (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). The Defendant asserted to the same effect as the grounds for appeal of this case at the lower court, and the lower court, after the direct examination of evidence by the victim, has been conducted, has credibility.

Based on the judgment of the court below, the charged facts of this case were convicted.

From the investigative agency to the court of the court below, the statements of the victim from the investigative agency to the court of the court below are mutually consistent, considerably specific and natural, and there is no contradiction before and

The victim does not demand a specific agreement from the investigation stage, and the victim would make the best preference to the defendant.

The report of the instant damage.

참조판례

-대법원 2006. 11. 24. 선고 2006도4994 판결

유사 판례

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