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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant: (a) while standing a vehicle which was in dispute with the victim D during a stop, there was a fact that the victim prevented the victim from getting off the vehicle by opening a door of the vehicle and breaking the vehicle; (b) however, the Defendant did not assault the victim as stated in the indictment.
B. Although the Defendant made several comments with the victim on several occasions, there is no fact of intimidation with the victim, such as the written indictment.
(c)
Nevertheless, the court below erred by misapprehending the legal principles as to the facts charged of this case.
2. Determination
A. Unless there are exceptional cases where maintaining the first instance judgment on the credibility of the statement made by the witness of the first instance trial is deemed to be remarkably unfair, the appellate court shall not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of the statement made by the witness of the first instance trial is different from the appellate court’s judgment (see Supreme Court Decision 2006Do4994, Nov. 24, 2006, etc.). (b) The lower court acknowledged the fact that the Defendant used assault and intimidation to the victim as stated in the facts constituting the crime in the judgment of the lower court on the grounds of the witness D’s legal statement, etc.
In light of the following circumstances, the judgment of the court below is just and acceptable when the victim's statement has credibility, and there is no illegality of misconception of facts as alleged by the defendant.
Therefore, the defendant's assertion is not accepted.
1) On February 21, 2016, the victim was consistently living in an investigative agency from the Defendant to the lower court’s court, and was subject to violence and intimidation within a passenger car as stated in the facts charged, and around April 13, 2016.
E. B. L. L. L. L.B. 1
The victim stated (as of No. 1, No. 7 through 9 of the evidence record, No. 2 of the evidence record No. 8 of the evidence record, No. 223, 225, 226 of the court records). 2) The victim is a teaching system with the defendant.