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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 춘천지방법원 강릉지원 2018.11.08 2018노235
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) the Defendant: (b) placed the arms in the driver’s seat to confirm whether the victim E drives a drinking alcohol; and (c) did not assault the victim only when he/she had his/her hand in his/her entrance.

2. Determination

A. The victim’s statement in the judgment of the court below is consistent from the investigative agency to the court of the court below, and he also saw the Defendant’s breath.

Recognizing facts unfavorable to the victim, etc., it is reliable, and all persons who were at the site and the defendant have expressed a desire to harm the victim, and had the victim do so.

In full view of the fact that the defendant makes a statement by putting together the victim in the vehicle, and the fact that the victim is exposed to outside the face and the fact that the victim is closely involved is recognized, the defendant can recognize the fact that he/she assaults the victim as stated in the facts constituting the crime.

B. In light of the records, the court below's aforementioned determination is just and acceptable, and the defendant's assertion is without merit, if the court below reviewed the evidence legitimately adopted and examined by the court below.

① In determining the credibility of a statement made by a victim, etc. supporting the facts charged, the court shall not reject the statement without permission, unless there is any separate evidence to deem that the statement made by the victim, etc. is objectively consistent with the facts charged and consistent with the rationality, logic, inconsistency, or rule of experience of the statement itself, or comply with the evidence or third party’s statement. The court shall not reject the statement without permission, unless there is any other evidence to prove that the statement made by the witness, including the victim, etc., is objectively consistent and consistent with the facts charged.

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