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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is erroneous in the misapprehension of the judgment of the court below, which affected the conclusion of the judgment by misunderstanding the facts about this part, even though the defendant intentionally did not have the driving seat of the victim's vehicle as stated in the facts charged, and it is difficult to see the upper part
2. Determination
A. In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court shall make an evaluation of credibility by taking into account all the circumstances that make it difficult to record in the witness examination protocol, including the appearance and attitude of the witness, and the penology of the statement, and the penology of the statement, which are hard to record in the witness examination protocol, after being sworn before and after the judge's oath, in order to determine the credibility of the statements made by the victim, etc. (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). In addition, where the statements made by the witness, including the victim, are consistent and consistent with the facts charged, it shall not be rejected without permission, unless there is any separate evidence that may objectively deem the credibility of the statements made by the witness objectively and objectively, and there is no consistency in the statements made by the witness in the major part thereof (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012).
(See Supreme Court Decision 2007Do10728 Decided March 14, 2008, etc.). The willful negligence as a subjective element of the constituent element refers to the case where the possibility of occurrence of a crime is uncertain and it is permissible under the table that it is. In order to have had dolusent intention, there is a perception of the possibility of occurrence of a crime, and furthermore, there is an internal intent to allow the risk of occurrence of a crime, and the perpetrator is a criminal offender.