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(영문) 대전지방법원 2020.05.21 2019노2269
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) even though the Defendant explicitly refused voluntary behavior at the time of the instant case, the Defendant merely resisted by police officers to forced behavior and did not interfere with police officers’ legitimate performance of duties. The Defendant’s above act constitutes self-defense or legitimate act.

2. Determination

A. In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court shall determine the credibility of the statements, as well as whether the contents of the statements themselves conform to the rationality, logic, and morality or rule of experience, or conforms to the statements made by a third party, and as well as whether the witness appearance and attitude of the witness who is attending an open court after taking an oath before a judge, and the appearance and appearance of the witness who is unable to record the statements in the witness examination protocol, such as the penance of the statements, are considered as having been gained by directly observing various circumstances that make it difficult for the witness examination in a public court after taking an oath before the judge, and shall not dismiss the witness's statements without any additional credibility, unless the victim, etc. and the witness's statement are objectively consistent with the facts charged, and there is a separate evidence to deem that the credibility of the statements made by the first instance court by the date of the first instance court's first instance court's examination and evidence examination, based on the spirit of substantial direct trial principle adopted by the Korean Criminal Procedure Act.

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