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(영문) 서울중앙지방법원 2020.11.20 2019노3335
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant did not assault the victim C by putting his/her head debt or her flabbbling bat.

The lower court convicted each of the statements of C, E, and F, which are difficult to believe due to lack of consistency, and pronounced guilty.

2. Determination

(a)The statements made at investigative agencies and courts of C, E, and F are:

C in the written statement drawn up by the police, “The Defendant was making a statement to the effect that he was fluent and headed,” and “In the interrogation of the suspect of the police,” the Defendant made a statement to the effect that he was fluent and boomed by the fluence of head, and that the Defendant was fluent and fluent in the main interrogation. In the court of the court below, the Defendant made a statement to the effect that he was fluent and fluent and brued by the Defendant, “in the main interrogation, etc., after he made a statement to the effect that he was fluent and fluentd by the attorney’s cross-examination, etc., the Defendant was fluentd by fluent and fluentd his head.”

F did not specifically state the Defendant and C’s fighting state in the written statement prepared by the police. However, at the court of the court below, the Defendant and C made a statement to the effect that they were frighten, frighten and fright, and frighten and frighted with frighten and fright at the court of the trial. The Defendant made a statement to the effect that he was frighten and frightd with C’s head debt.

E did not specifically state the situation of fighting between the Defendant and C in the written statement prepared by the police. However, in the court of the court below, the Defendant was sealed with C, and the Defendant appeared to have been aware of C’s head debt.

B. In light of the trial-oriented principle and the substantial direct examination principle adopted by the Korean Criminal Procedure Act, the credibility of the statement made by the witness of the first instance court is determined in full view of the results of the first instance examination and the results of the further examination of evidence by the time of closing argument in the appellate trial.

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