logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.06.22 2018노583
상습상해등
Text

All appeals filed against the Defendants and the Prosecutor A are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants did not have any injury to H and I (misunderstanding of facts). In full view of the Prosecutor’s (Defendant A) I and J’s statements, the lower court acquitted Defendant A of this part of the facts charged (misunderstanding of facts) on January 209, the lower court acquitted Defendant A of this part of the facts charged (misunderstanding of facts). In so doing, the lower court erred by misapprehending the legal doctrine on the charge, although it was found that Defendant A had inflicted any injury upon the victim H and I around January 2009, in full view of the Prosecutor’s statement (Defendant A) I and J’s statement (hereinafter “Defendant A”).

A. In light of the contents of the judgment of the first instance court as to the Defendants’ assertion of misunderstanding of facts and the evidence duly examined in the first instance court, the first instance court’s determination on the credibility of the statement made by the witness of the first instance court was clearly erroneous.

Unless there exist extenuating circumstances to view the credibility of the statement made by the witness of the first instance court, or in full view of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of oral pleadings, the appellate court should not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of the statement made by the witness of the first instance court is different from the appellate court’s judgment (see, e.g., Supreme Court Decisions 2006Do494, Nov. 24, 2006; 2017Do7871, Mar. 29, 2018). The Defendants asserted that this part of the grounds for appeal concerning the crime of this case were the same as the grounds for appeal, and the lower court also replaced the core part of the victims’ statement after examining the victim I, the victims J, and further included the details of the victim’s statement in the medical examination report, the details of the medical examination report and the records of the victim’s medical examination document, etc.

arrow