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(영문) 서울고등법원 2012.12.27 2012노3200
강도상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Determination on the grounds for appeal

A. (1) With regard to the assertion of mistake of facts or misapprehension of legal principles, the defendant's confessions made in the court of the court below cannot be deemed to be doubtful of the probative value or credibility of the confessions only with the grounds that the confessions made in the court of appeal differs from the statement in the court of appeal. In determining the credibility of the confessions, the determination of the credibility of the confessions should be made by taking into account the following: (a) the contents of the confessions' statement per se are objectively rational; (b) the motive or reason behind the confessions' statement are objectively rational; (c) the reason leading up to the confessions' confessions' motive or reason; and (d) the circumstances leading up to the confessions' confessions' confessions' confessions' confessions'

(2) As to the part of the charge of robbery, the lower court found the Defendant guilty on the part of the charge of robbery, including the confessions in the lower court’s court and the victim D and 112 reported and sent to the site by the investigation agency of the police officer, on a comprehensive basis, evidence of reinforcement, such as each statement, medical opinion, and photographs of the part of the injury.

The following circumstances acknowledged by the above reinforcement evidence employed by the court below and the defendant's partial statement, etc. at the investigation agency, namely, victim D's criminal scene and investigation agency corresponding to the facts charged in the injury by robbery of this case, even if he was under the influence of alcohol at the time of this case, the statement on the circumstances leading to the injury is specific and consistent, and the victim D's statement is not deemed to have been made under the influence of himself, and it cannot be seen as being reliable. The victim D's statement was made under the influence of alcohol at the time of this case, and the police officer was called to the 112 report by the 119 emergency rescue team.

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