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(영문) 대전지방법원 2020.05.07 2020노212
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts, misunderstanding of legal principles, 1) With regard to the point of special assault, when the victim I faces the victim I's face, or when the kitchen knife the kitchen knife is not displayed, I just prevented I from drinking the cleaning machine first. Even if there is room to view that the kitchen knife has been displayed, this constitutes a passive resistance, which constitutes legitimate self-defense or legitimate act. 2) There is no fact that the victim H knife or knife the head in knife with a knife.

It is clear that even according to the statement of the victim, the victim had knife, not knife, but knife, and the knife of the victim was generated in the process of exceeding the knife.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment, confiscation) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

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 are difficult to record in the witness examination protocol, including the appearance and attitude of the witness, and the penance 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). When our Criminal Procedure Act adopts as one of the elements of the trial-oriented principle, the credibility of the witness examination protocol and the appellate court's evaluation method should not be dismissed without permission, unless there is any other evidence that can objectively deem that the victim's statements, including the victim, are consistent with the facts charged, objectively and objectively (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012).

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