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(영문) 대구지방법원 2019.05.03 2018노2296
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal does not mean that the defendant filed a false complaint against B, since the defendant did not have prepared and executed a written waiver of the waiver of objection against B.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

2. Determination

A. In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court shall make an evaluation of credibility by taking into account all the circumstances that make it difficult to record in the witness examination protocol, including the appearance and attitude of the witness who is taking an oath before a judge, and the penology of the statement, and the penology of the witness who directly observe the circumstances that are difficult to record in the witness examination protocol after taking an oath before a judge, and shall not reject such statement without permission, unless there is any other evidence that can objectively view the victim’s statements as substitute and conform to the facts charged, objectively see it to the facts charged (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). In addition, where the witness’s statements are consistent in the major part, the credibility of the statement should not be denied solely on the ground that there is a little consistency in the statements made by the witness including the victim, and there is no other evidence that there is no consistency in the statements made in the witness examination protocol.

(See Supreme Court Decision 2007Do10728 Decided March 14, 2008, etc.). B.

In full view of the following facts and circumstances acknowledged by evidence duly adopted and examined by the court below and the court below based on the above legal principles, each of the statements of B, C, D, and E, consistent with the facts charged in the instant case, is reliable. According to this, although the defendant prepared a letter of waiver of objection to B, he shall raise an objection under the name of the defendant.

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