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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전지방법원 2020.06.04 2019노885
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error, the misapprehension of the legal principle) does not seem to have expressed the victim’s desire on the job where the victim has a nominal customer as stated in the facts constituting a crime in the judgment below.

2. Determination

A. In determining the credibility of a statement made by a victim, etc. supporting the facts charged, the court shall determine the credibility of the statement, as well as whether it conforms to the reasonableness, logic, and morality of the statement itself or the rule of experience, or the testimony made by a third party, and as well as whether the statement made by the court of first instance conforms to the witness himself/herself after taking an oath before a judge, such as the appearance and attitude of the witness being present in the open court, and the penance of the statement made by directly observing various circumstances that make it difficult for the witness to record in the witness examination protocol, including the appearance and appearance of the witness who is present in the open court after taking an oath before the judge, and shall not dismiss the witness’s statement without any separate evidence that is objectively deemed highly reliable if the statement made by the victim, etc., including the victim, conforms to the facts charged, unless the witness’s statement made by the court of first instance clearly different from the evidence examination from the appellate court’s testimony made by the court of first instance, in light of the first instance’s spirit adopted by the appellate court.

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