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(영문) 수원지방법원 2019.09.23 2018노7327
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. On March 22, 2018, the Defendant of mistake of facts did not assault or inflict an injury on the victim except for the victim’s knee-come-come-come-comforing one time.

Nevertheless, the court below erred by misunderstanding the fact that the defendant was guilty and thereby affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year and two months of imprisonment) is too unreasonable.

2. Determination

A. In light of the difference between the first instance court and the appellate court’s method of evaluating credibility of a statement made by a witness of the first instance in light of the substance of the first instance judgment and the evidence duly examined by the first instance court, or there are exceptional cases where it is deemed that maintaining the first instance court’s judgment on the credibility of a statement made by a witness of the first instance court is significantly unfair considering the results of the first instance court’s examination and the results of additional evidence examination conducted by the time of closing argument in the appellate court, the appellate court shall not reverse the first instance judgment on the ground that the first instance court’s judgment on the credibility of a statement made by a witness of the first instance differs from the appellate court’s judgment (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). The first instance court’s determination on the credibility of a statement made by a witness of the first instance court is consistent with the circumstances leading up to the victim’s injury to the court from the investigation agency to the court below.

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