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(영문) 인천지방법원 2020.08.20 2020노269
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a factual error) has no record of assaulting the victim as stated in the facts charged.

2. Determination

A. The Defendant asserted to the same effect in the lower court’s judgment, and the lower court rejected the Defendant’s assertion on this point on the following grounds.

The victim's statement is consistent with the main part of the statement, and there is no unreasonable or contradictory part in light of the empirical rule, and as long as the motive or reason to make a false statement unfavorable to the defendant is not clearly revealed, the victim's statement should not be rejected without any justifiable reason on the ground that there is a difference in the expression that there is a part showing consistency in the minor part due to the difference in the expression, or the initial conclusive statement was changed to a somewhat unclear statement.

(1) In light of the above legal principles, the victim's statement is not sufficiently reliable and the victim's statement is not sufficiently reliable, and there is no reason to make a false statement with respect to the defendant even when the victim is subject to criminal liability due to an accusation or perjury. In light of the above legal principles, the victim's statement is sufficiently reliable, and there is no reason to make a false statement with respect to the defendant even when the victim is subject to criminal liability due to an accusation or perjury.

B. Examining the evidence duly adopted and examined by the court below and the reasoning of the court below, it can be found that the defendant committed an assault against the victim as stated in the facts of the crime in the judgment below at the time of this case.

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