(영문) 울산지방법원 2016.03.18 2015노1182 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 울산지방법원 2016.03.18 2015노1182

재물손괴

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant did not interfere with the victim F (hereinafter “victim”)’s stoke.

2. Determination

A. In light of the following circumstances acknowledged by the lower court, the lower court, and the first instance court’s duly admitted and the evidence duly examined, the Defendant may recognize the facts that the Defendant destroyed by breaking the victim’s stobane as indicated in the facts charged in the instant case.

1) The victim, from the investigative agency to the court of the court of the court below, had the defendant flown away on the street above D Kap, located in Ulsan-gun C around September 18, 2014 to the court of the court below.

He testified (No. 27,28 of the evidence record, No. 34 pages 2 of the record of the trial) that the male who had been on the instant field had been fluored by the investigative agency was fluording off the stoma of the stoma and the stoma of the stoma and the stoma of the stoma and the stoma of the stoma in which the stoma had been damaged by the stoma and the stoma in which the stoma had been damaged by the victim.

In light of the following: (a) the statement was made (No. 2 of the evidence record No. 63,64 pages); (b) the Defendant recognized the Defendant to block the Defendant’s autopsy; and (c) H appears to have no special interest with the Defendant or the victim; and (d) there is no reason to make any other unfavorable statement to the Defendant, the H’s statement is deemed to have credibility.

3) On the other hand, while N appears in the lower court that the victim was on his own her own strabbb, it is difficult to believe the statement as it is, in light of the fact that N was known to the birth of the defendant for five years, and that N was a space between the birth of the defendant and the birth of the defendant for five years.

4) Meanwhile, barring any special circumstance, an appellate court should not reverse the lower court’s judgment as to the credibility of the statement made by a witness of the first instance trial solely on the ground that the lower court’s judgment is different from the appellate court’s judgment (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012).

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