폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Defendant
All appeals by prosecutors are dismissed.
1. Summary of grounds for appeal;
A. The Defendant’s grounds of appeal 1) misunderstanding of facts or incomplete deliberation 1) the lower court convicted the Defendant on the basis of the statement of the person against whom it was contradictory (2014Dahap71), 2) the Defendant guilty by recognizing that the Defendant committed assault to the victim even though there was no objective evidence (2014Dahap72), 3) the Defendant was convicted on the basis of only the statement of B that falls short of credibility of the statement (2014Dahap169 and 2014Gahap179), and there was an error of mistake of facts and incomplete deliberation. 2) The lower court’s punishment (1 year and 6 months of imprisonment) unfair in sentencing is too unreasonable.
B. The lower court’s reasoning for the appeal by the prosecutor is too unfased and unreasonable.
2. Determination
A. 1) In determining the credibility of a statement made by a victim, etc. supporting the facts charged, the court has to assess the credibility of the statement, taking into account all the circumstances that make it difficult to record in the witness examination protocol, such as the appearance or attitude of a witness who is taking an oath before a judge, and the penology of a statement, and the penology of a statement, which are hard to record (see Supreme Court Decision 2008Do7917, Jan. 30, 2009; 2008Do7917, Apr. 15, 2005; 2004Do36128, Apr. 15, 2005; 2010Do36128, Apr. 21, 2012; and 2010Do3617, Apr. 21, 2005).