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(영문) 대전지방법원 2019.06.13 2018노2835
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error of facts (as to injury by mistake), the Defendant was unilaterally assaulted from B, and did not inflict any injury on B, and even if such fact is recognized, the Defendant’s act does not constitute a legitimate act or self-help.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. 1) In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court of the relevant legal doctrine has to judge whether the contents of the statements are reasonable, logical, and inconsistent with the empirical rule or whether they conform to the physical evidence or a third party’s statement, as well as the appearance or attitude of the witness who is being sworn in the open court after being sworn before a judge, and the examination protocol of witness, such as the separation of the statements, are considered as having been obtained by directly observing various circumstances that make it difficult to record, and the credibility of the statements should not be assessed, and where the statements made by the witness, including the victim, correspond to the facts charged, are mutually consistent and consistent with the facts charged, they shall not be dismissed without exception unless there is any other reliable evidence that can be objectively deemed as having no credibility (see, e.g., Supreme Court Decisions 2012Do2631, Jun. 28, 2012; 2015Do7423, Nov. 12, 2015).

In addition to the various circumstances presented by the court below, the following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below, i.e., the investigation agency B and the court below's statement in court.

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