폭행등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
except that the ruling shall be made for one year from the date of the final judgment.
1. Summary of grounds for appeal;
A. The judgment of the court below that found the Defendant guilty of each of the facts charged of this case in the absence of the fact that the Defendant assaulted C and damaged the victim E’s vehicle by exceeding the dedicated clothes collection, thereby adversely affecting the conclusion of the judgment.
B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.
2. Determination
A. (1) In determining the credibility of a statement made by a victim, etc. supporting the facts charged, the court of relevant legal principles shall assess the credibility of the statement, and shall not reject the statement without any additional reliable data that can be objectively deemed objectively acceptable if the statement made by the witness, including the victim, etc. conforms to the rationality, logic, morality, or rule of experience, or conforms to the witness evidence or third party’s statement in the presence of a judge. Moreover, where the statement made by the witness is consistent with the main part of the statement, the credibility of the statement should not be denied solely on the ground that the statement made by the witness, including the victim, is inconsistent with the facts charged, by directly observing various circumstances that are difficult to record in the witness examination protocol, such as the appearance or attitude of the witness, and the penation of the statement made by the witness in the open court after being sworn at the presence of a judge.
(A) In full view of the following facts and circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the lower court (see, e.g., Supreme Court Decision 2007Do10728, Mar. 14, 2008). (2) In full view of the following facts and circumstances, part of C and E’s statements consistent with the facts charged in the instant case are reliable, and the Defendant’s statements and remaining evidence are recorded in the facts charged.