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(영문) 대전지방법원 2021.01.14 2020노3294

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles)

A. As to the crime No. 1 of the judgment below, there was no fact that the victim B was pushed down (misunderstanding of the facts). B. As to the crime No. 2 of the judgment below, the victim E obtained a primary electronic device from the victim E, and the victim was not aware of his/her secret loss at the defense level, and there was no fact that he/she was a food victim.

If the defendant's act can be seen as violence, it constitutes a legitimate defense or legitimate act (misunderstanding of facts and misapprehension of legal principles). 2. Relevant legal principles

A. In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court shall not without delay dismiss the credibility of the statements made by the victim, etc., unless there are any separate evidence to deem that the credibility is objectively acceptable if the statements made by the victim, etc., are consistent with the rationality, logic, inconsistency, or empirical rule of the contents of the statements themselves, or comply with the witness evidence or third party's statement, which is open to the public court after taking an oath before a judge, considering all the circumstances that are difficult to record in the witness examination protocol, such as the appearance and attitude of the witness, and the penance of the statement, which are hard to record in the witness examination protocol, by directly observing the circumstances that are hard to record in the public court after taking an oath before the judge, and the witness's statement made by the court of first instance, including the victim, are consistent with the facts charged (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012).

In addition, the result of the examination of evidence in the first instance and the conclusion of the appeal shall be added until the conclusion of the oral argument.