logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2013.05.02 2013노35
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the court below found the defendant guilty of this part of the facts charged on the sole basis of the victim's statement although the defendant did not assault the victim C. The court below erred in misunderstanding of facts.

2. The defendant's statement is admissible as direct evidence that conforms to the facts charged in this part that he / she gets her face by hand, etc. on May 19, 2012 when he/she was aboard a taxi operated by the victim C on three occasions. As such, in determining the credibility of his/her statement, the health care unit and the court should not only conform to the reasonableness, logic, appearance, or rule of experience of the contents of the statement itself, but also conform to the witness's appearance, attitude, and appearance of the witness who appears in the statement in the open court after being her face before a judge, but also conforms to the witness's face when he/she made a statement in the open court (see, e.g., Supreme Court Decisions 208Do7917, Jan. 30, 2009; 205Do14444, Nov. 30, 209). The defendant's first statement in the witness's examination protocol, including the witness's face, should not be considered more objectively consistent with the record.

arrow