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(영문) 대전지방법원 2019.05.22 2019노758
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error of facts (Special Violence Part) The Defendant is only the enemy of the beer’s disease in the direction of which no one is available at the time of the instant case, and there is no injury to the victim’s head head, and each statement and testimony of the victim and witness G, who correspond to the facts charged, are not reliable.

Therefore, the judgment of the court below which convicted of this part of the facts charged is erroneous in misconception of facts.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. 1) The lower court found the victim and G to have credibility of each of the statements and testimony that conform to the facts charged in this part on the grounds as stated in its reasoning. 2) The lower court found the Defendant guilty of this part of the facts charged on the grounds that each of the statements and testimony made by the victim and G are inconsistent with the facts charged.

However, in full view of the following circumstances cited by the court below as properly admitted and examined by the evidence, the above judgment of the court below is just and acceptable, and it is not recognized that there was an error of misunderstanding of facts as alleged in the grounds for appeal. Thus, the above argument of the defendant is not accepted.

(1) The credibility of the entire statements and testimonys of victims and G cannot be readily denied solely on the ground that there is a little degree of violation of the statements concerning the minor matters, insofar as the “the fact that the defendant was suffering from the influence of the victim,” and “the fact that the victim was suffering from the illness where the defendant was the victim,” are acknowledged.

② On August 8, 2018, before attending the original trial, the victim and G have already expressed the Defendant’s intention not to punish him/her. As such, the victim and G are punished for perjury from the standpoint of the victim and G.

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