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(영문) 대전지방법원 2020.04.23 2020노3
상해등
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. Error of facts and misunderstanding of legal principles 1) The Defendant did not inflict any injury on the victim E, as stated in the facts constituting the crime in the judgment below. 2) The Defendant did not have intended to inflict any injury on the victim G, a police officer, as stated in the facts constituting the crime

3) The Defendant, a police officer, attempted to illegally arrest him/her without notifying the doctrine of Disturbance, and only resisted facts by illegally arresting him/her, and did not intentionally interfere with the legitimate performance of duties by the above police officer, such as the facts stated in the facts constituting an offense in the lower judgment, and his/her act is merely a justifiable act. However, even if the Defendant’s act of unfair sentencing is found guilty, the lower court’s sentencing (the imprisonment of eight months is excessively unreasonable

2. Determination

A. 1) In determining the credibility of a statement made by a victim, etc. supporting the facts charged, the court shall assess the credibility of the statement, taking into account all the circumstances that are difficult to record in the witness examination protocol, such as 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 open court after taking an oath before a judge, in order to determine the credibility of the statement made by the victim, etc. (see, e.g., Supreme Court Decision 201Do2631, Jun. 28, 2012). Where the statements made by the witness, including the victim, correspond to the facts charged, are mutually consistent and consistent with the facts charged, the court shall not reject the statement without any other reliable evidence that can be objectively viewed, unless there is any other reliable evidence that is objectively deemed to have no credibility (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012).

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