(영문) 창원지방법원 2018.06.21 2018노992 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 창원지방법원 2018.06.21 2018노992

폭행

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s judgment that found the Defendant guilty of the facts charged is unreasonable, inasmuch as the Defendant unilaterally committed an assault against the victimized person and did not assault the injured person.

B. The sentence of the lower court that is unfair in sentencing (an amount of KRW 700,000) is too unreasonable.

2. Determination

A. 1) In light of the fact that the method of evaluating the credibility of a statement made by a witness of the first instance trial is an essential difference between the first instance court and the appellate court, and the purport of the substantial direct deliberation that is adopted by the Korean Criminal Procedure Act, the first instance court’s judgment and the evidence duly examined in the first instance court, which clearly erred in the first instance court’s determination on the credibility of the statement made by a witness of the first instance trial in light of the contents of the first instance judgment and the evidence duly examined in 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 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 not reverse without permission the first instance judgment on the credibility of the statement made by the witness of the first instance trial (see, e.g., Supreme Court Decision 2017Do21537, Mar. 29, 2018). 2) The Defendant asserted the same purport as the grounds for appeal even in the lower court, and the lower court may believe that the victim’s statement made by the Defendant, after summonsing the victim directly as a witness, can be trusted.

Based on the judgment, the charged facts of this case were pronounced guilty.

3) Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and examined by the lower court, the lower court’s determination on the credibility of the witness’s statement was clearly erroneous.

It is obvious that there are special circumstances or the judgment of the court below is maintained.

참조판례

-대법원 2018. 3. 29. 선고 2017도21537 판결

유사 판례

-전주지방법원 2017.01.12 2016노954

-서울동부지방법원 2017.01.26 2016노1426

-전주지방법원 2018.01.18 2017노1450

-수원지방법원 2017.01.20 2016노5353

-수원지방법원 2017.02.10 2016노4101