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(영문) 대전지방법원 2020.05.07 2020노126
야간건조물침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the factual error and inappropriate sentencing)

A. Error 1) Although there is a misunderstanding of facts that the defendant damaged the victim's goods, there is no fact that the defendant assaultsd the victim as stated in the facts constituting a crime in the judgment below. 2) Although the defendant brought a business account book as stated in the facts constituting a crime in the judgment of the court below, the above business account book was done jointly with the victim to confirm the credit value, etc. while operating the dan together with the victim, and

B. Even if the Defendant’s act of unfair sentencing is recognized as guilty, the lower court’s sentencing (one year of imprisonment) 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 of the relevant legal doctrine has to assess the credibility of the statement, as well as whether it conforms to the reasonableness, logic, and morality of the statement itself or the rule of experience, or the statement made by a third party, and whether it conforms to the witness examination protocol, such as the appearance or attitude of the witness who is being sworn in the presence of a judge, and the penance of the statement, which is difficult to record in the witness examination protocol, after being sworn in the presence of a judge, considering all the circumstances that are difficult to record in the witness examination protocol, such as the appearance and attitude of the witness, and the penance of the statement, etc., the court of first instance shall not dismiss the witness examination without any other reliable evidence that can be objectively deemed as having been objectively consistent with the facts charged (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012).

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