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(영문) 인천지방법원 2018.06.20 2018노1121
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the facts) did not constitute assaulting the victims as stated in the facts charged of this case, and the statement of the victims who seem to correspond to the facts charged of this case is inconsistent with the victim's statement and is different from each other, the victims' false statement appears to have been made; the victim C is currently in a divorce lawsuit against the defendant and has the purpose of favorable treatment of the above lawsuit; and the defendant did not assault the victims to the police officer dispatched to the scene of this case.

In light of the stated facts, etc., it shall not be trustable as it is.

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

2. The first instance judgment on the credibility of the statement made by a witness of the first instance court was clearly erroneous in light of the contents of the first instance judgment, the contents of the first instance judgment, and the evidence duly examined by the first instance court.

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 trial is significantly unfair, or considering the results of the first instance examination and the results of additional evidence examination conducted until the closing of oral argument in the appellate trial, the appellate court may 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 differs from the appellate court’s judgment (see, e.g., Supreme Court Decisions 2017Do7871, Mar. 29, 2018; 2008Do7917, Jan. 30, 2009). Although the Defendant asserted that he was not guilty of the facts charged of this case with the same content in the lower court, the lower court found the Defendant guilty of the facts charged of this case on the grounds stated in its reasoning.

The evidence duly adopted and examined by the court below and the court below's reasoning.

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