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(영문) 대구지방법원 2016.10.28 2016노1291
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant’s misunderstanding of facts had the clothes of the victim, but this does not result in the victim’s injury, and the victim, first of all, had the victim’s clothes in order not to escape the Defendant, and the victim was able to do so. Therefore, the above act of the Defendant is dismissed as self-defense or legitimate act.

Nevertheless, the lower court erred by misapprehending the legal doctrine on self-defense or legitimate act, thereby adversely affecting the conclusion of the judgment.

2. The defendant's confession in the court of first instance differs from his/her oral statement in the appellate court cannot be said to be doubtful of the probative value or credibility of his/her confession. In determining the credibility of his/her confession, the credibility of his/her confession should be determined by considering whether the contents of the confession's statement are objectively rational, what is the motive or reason of the confession, what is the reason leading up to the confession, what is what is the circumstance leading up to the confession, and what is not contrary to or contradictory to the confession among other evidence than the confession.

In light of the following circumstances revealed by the evidence duly adopted and investigated by the lower court, the lower court’s judgment that found the Defendant guilty of the instant facts charged is justifiable, and it did not err by misapprehending the legal doctrine on self-defense or legitimate act, contrary to what is alleged in the grounds of appeal, thereby adversely affecting the conclusion of the judgment.

① The Defendant, on the first day of the trial of the lower court, led to the confession of the facts charged in this case, and denied it. However, the background leading up to the confession or the background leading up to the reversal of the confession did not present any particular assertion, and otherwise, the circumstances to suspect the credibility of confession are as follows.

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