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(영문) 대전지방법원 2020.08.27 2019노2524
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles, and unreasonable sentencing)

A. At the time of the instant case, the Defendant did not have any intent to interfere with the police officer’s performance of official duties, and there was only a fact that a police officer was flar to confirm the name of the police officer, and there was no assault on the police officer as stated in the facts

(M) Fact-finding and misunderstanding of legal principles).

Even if the defendant's act is found guilty, the sentencing of the court below (two years of suspended sentence in August) is too unreasonable.

(F) Determination; 2. Determination

A. 1) In determining the credibility of a statement made by a 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, such as the appearance or attitude of a witness who is taking an oath before a judge, and the penology of a statement, and the penology of a witness including the victim, etc. when the statement made by the witness conforms to the facts charged, it shall not be dismissed without exception unless there are any other reliable materials that can be objectively deemed to lack credibility (see, e.g., Supreme Court Decisions 201Do2631, Jun. 28, 2012; 201Do2631, Jun. 28, 2012; 201Do31, etc.). The appellate court’s determination of credibility and credibility in the witness examination protocol, based on the body of direct examination and evidence adopted by the trial-oriented principle as an element of the trial-oriented principle, is clearly different from the appellate court’s first instance judgment’s examination method and credibility.

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