(영문) 부산지방법원 2017.11.17 2017노2493 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2017.11.17 2017노2493

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the Defendant guilty of the facts charged in this case, although the Defendant, by misunderstanding the facts, destroyed the cell phone owned by the victim or inflicted injury upon the victim, was guilty. In so doing, the court below erred by misapprehending the facts, thereby affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (one million won in penalty) 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.

Unless there exist special circumstances to view that maintaining the first instance judgment on the credibility of a statement made by a witness of the first instance court is clearly unfair, or in full view of the results of the first instance examination and the results of the further examination of evidence conducted by the time the appellate trial ends, 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 Supreme Court Decision 2006Do4994, Nov. 24, 2006, etc.). In full view of the evidence duly admitted and examined by the lower court, the victim consistently maintained from the investigative agency up to the court of the lower trial to the point of the lower court that the victim would not be said to have been the victim, even though the Defendant was locked by the victim.

Along with the defect, the victim's cell phone was broken on the wall, and the victim's breath face was satisfed by satisfing sating fat, and satch satch." The victim's statement on the process, method, etc. of the crime of this case is considerably specific and natural, and there is no mutual contradiction, and the victim's statement on the process, method, etc. of the crime of this case can be recognized as credibility by complying with this, and there is no additional evidence to reject it otherwise.

참조판례

-대법원 2006. 11. 24. 선고 2006도4994 판결

유사 판례

-부산지방법원 2018.02.02 2017노4184

-부산지방법원 2017.10.27 2017노2434

-대구지방법원 2018.01.19 2017노4364

-부산지방법원 2017.06.30 2016노5088

-대구지방법원 2017.06.30 2015노3076