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(영문) 부산지방법원 2017.10.13 2016노4081
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) has no record of causing bodily injury to the victim after the victim was sick.

2. 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 the first instance witness was clearly erroneous.

Unless there are extenuating 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 additional evidence examination conducted until the closing of the appellate trial proceedings, the appellate court shall respect the judgment on the credibility of the statement made by the witness of the first instance trial (see, e.g., Supreme Court Decision 201Do5313, Jun. 14, 2012). The lower court found the Defendant guilty of having inflicted an injury on the victim by taking into account the relevant evidence duly adopted and examined, such as the witness C, F, and G’s respective legal statements, the witness H’s partial legal statements, the written diagnosis, the diagnosis, the medical certificate, the copy of the medical records, and the victim C’s photo.

Examining and closely examining the judgment of the court below along with the result of the response to the order to submit documents to P Hospital conducted at the trial, the aforementioned determination by the court below is justifiable, and no exceptional circumstance exists to alter the judgment of the court below as to the credibility of each legal statement by C, F, and G of the witness C, F, and G of the court below.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, 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.

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