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(영문) 대전지방법원 2018.06.07 2017노3047

폭행치상등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of grounds for appeal;

A. The Defendant, who was injured by violence, was able to take a knife the knife with the knife by the knife of the knife and taken a speed knife in the instant manner, and a person who was knife with the knife by the knife of the knife was the victim D

B. The Defendant intending to enter the victim F’s residence to the victim F’s residence and resisting the victim F, and did not assault the victim F as stated in the facts charged.

2. Judgment on the defendant's assertion

A. In determining the credibility of a victim’s statement, etc. supporting the facts charged, the court shall evaluate the credibility of a witness’s statement, taking into account all the circumstances that make it difficult to record in the witness examination protocol, including the appearance and attitude of a witness who is taking an oath before a judge, and the penology of a witness who directly observe various circumstances that are difficult to record in the witness examination protocol after taking an oath before a judge, and shall not dismiss the witness’s statement without permission, unless there are any other evidence that objectively deemed objectively acceptable in light of the victim’s statement and conforms to the facts charged (see, e.g., Supreme Court Decisions 2012Do2631, Jun. 28, 2012; 2015Do7423, Nov. 12, 2015; 2017Do7484, Oct. 27, 2015).