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(영문) 서울중앙지방법원 2016.04.28 2016노703
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is the victim of this case, and the defendant did not assault the victim F or G, as stated in the facts charged.

2. In light of the spirit of substantial direct deliberation under the Criminal Procedure Act adopted by the Korean Criminal Procedure Act, the appellate court clearly erred in the first instance judgment as to the credibility of the statement made by the witness of the first instance trial.

Unless there are extenuating circumstances to view that maintaining the first deliberation decision on the credibility of a statement made by a witness of the first instance court is significantly unfair, taking account of the results of the first examination and the results of the further examination of evidence conducted by the time the appellate trial ends, the first deliberation decision on the credibility of a statement made by a witness of the first instance court shall not be arbitrarily followed solely on the ground that the first deliberation decision on the credibility of a statement made by the witness is different from the appellate court's decision (see Supreme Court Decision 2006Do4994, Nov. 24, 2006, etc.). First, when examining assault against the victim F, the victim F, G, and H's statement related to this part of the facts charged up to the appellate court's decision, and there are no circumstances to reject the credibility of each of the above statements.

Next, in relation to the assault against the victim G, the victim G, E, and H made a statement in an investigative agency that corresponds to this part of the facts charged.

The victim G stated in the court of the court below as above, while E does not know it definitely because it was a satisfy situation.

It is not well memoryed as to how “at the time” or “at the time”.

Although H made a statement to the effect that “the Defendant’s face-to-face h was unable to see it,” the above difference appears to be due to the limitation of memory following the passage of time, each of the above facts charged are consistent with the facts charged.

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