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(영문) 인천지방법원 2015.05.29 2014노1778
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant does not have assaulted the victim D.

(Assault) In addition, since the defendant presented a driver's license with a person who was under the influence of alcohol, there was no intention for unlawful uttering of official document.

(the illegal uttering of official document) b.

The punishment (three million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. Although the Defendant made a confession of all the facts constituting an offense at the time of original adjudication in the original trial in the original trial court, the Defendant denies all of them by reconcing them in the original trial.

Therefore, in determining the credibility of a confession made by the defendant in the original court, it is necessary to determine whether there is a situation to have a reasonable doubt in the motive or process of the confession, or in light of the following: (a) whether the contents of the statement of the confession themselves are objectively rational in determining the credibility of the confession in the original court; (b) what the motive or reason of the confession is; and (c) what is the motive or reason of the confession; and (d) whether there is any conflict or inconsistency with the confession among circumstantial evidence other than the confession.

(See Supreme Court Decisions 98Do159 delivered on March 13, 1998, 99Do214 delivered on December 8, 200, etc.). However, according to the records, the content of confession itself is not objectively rational.

There is no evidence to find any conflict or inconsistency with other circumstantial evidence than a confession. In addition, there is no evidence to find that there is no voluntariness of confession due to the reason prescribed in Article 309 of the Criminal Procedure Act, or that there is no evidence to find that there was a situation where there was a situation to have the motive or process of confession.

Therefore, it is reasonable to view that the confession of the defendant is reliable as it conforms to the truth.

Furthermore, as to whether there is evidence to prove the confession of the defendant, the health room is examined.

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