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(영문) 대전지방법원 2016.04.28 2015노3471
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding the facts) is as follows: (a) the Defendant did not have any buckbucks or bucks by the victim; (b) the victim’s statement on the part that the victim was subject to violence from the Defendant and on the circumstances of violence continued to change; (c) the victim’s statement cannot be believed to have been made; and (d) the medical certificate submitted by the victim alone, thereby causing the victim’s injury

shall not be deemed to exist.

2. The lower court’s judgment: (a) comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court; (b) the victim, from the investigative agency to this court, had knee knee knee knee kne kne kne knes of the victim at two times; and (c) made a relatively specific and consistent statement by hand; (d) the circumstances and photographs of the police officer dispatched at the time of the instant case correspond to the victim’s statement; (e) the victim was given medical treatment at the hospital immediately after the instant crime was committed; and (e) the victim’s name and the victim’s injury kne kne kne kne kne kne kne kne kne kne kne kne kne knes

The decision was determined.

3. Determination on whether a deliberation was made

A. In light of the difference between the first instance court and the appellate court’s method of evaluating credibility in accordance with the spirit of substantial direct deliberation adopted by the Korean Criminal Procedure Act as an element of the trial-oriented principle, the first instance court’s decision on the credibility of the statement made by the witness of the first instance court was clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined in the first instance court’s first instance trial.

In full view of the results of the first instance court's examination and the results of the further examination of evidence conducted until the closing of the oral argument, the first instance court's judgment on the credibility of the statement made by the witness shall be maintained.

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