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(영문) 서울중앙지방법원 2019.07.04 2019노937

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not assault the victims.

For those who were far away from the street on the day of the instant case, the Defendant tried to sing in the singing room, even if sing.

However, the singing president’s singing that it should not be seen as an “outboard.” The same applies to the case where I, together with the victim B, singing up the singing stairs and reported to the police to the victim B while reporting to the police.

2. The Defendant and the defense counsel at the lower court asserted that the grounds for appeal of this case were not significantly different from those of the grounds for appeal of this case, and the lower court found the Defendant guilty of the facts charged of this case in light of the respective legal statements by police officers F who investigated the case at the time of the victim B and the victim’s pictures and the victim’s side pictures, and determined that the Defendant’s statement by the singinger G, consistent with the Defendant’s defense counsel,

In determining the credibility of a statement after the first instance court proceeded with the witness examination procedure, the credibility of the statement should be assessed in consideration of all the circumstances that are difficult to record in the witness examination protocol, including the appearance, attitude, and penology of a witness who is being sworn in the presence of a judge, and the penology of a witness who is sworn in the open court after being sworn in the presence of a judge, and the appearance and attitude of a witness, and the penology of a statement.

On the other hand, the appellate court's determination of credibility of the statement made by the witness of the first instance court under the current Criminal Procedure Act is based on the records including the witness examination protocol in principle. Therefore, the appearance and attitude of the witness at the time of the statement that can be considered one of the most important factors in determining credibility of the statement shall be reflected in the evaluation of credibility.

참조조문