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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (fact-finding) is only the defendant who has a knife or dispute with the victim, and there is no threat or injury to the victim as stated in the facts constituting an offense in the original judgment.
2. Determination
A. In determining the credibility of a victim’s statement, etc. supporting the facts charged, the court shall make an evaluation of credibility by taking into account all the circumstances that make it difficult to record in the witness examination protocol, including the appearance and attitude of the witness, and the penance of the statement, in which the victim’s statement, including the victim’s witness’s statement, is mutually consistent and consistent with the facts charged, and whether the content itself conforms to the rationality, logic, appearance, or rule of experience, physical evidence, or third party’s statement, and whether it conforms to the witness examination protocol, which is open to the public court after being sworn at the presence of a judge, and the appearance and attitude of the witness, and the penance of the statement, etc. of the witness who directly observe the circumstances that are difficult to record. The court shall not reject such statement without permission, unless there is any other evidence to deem that the victim’s statement is objectively consistent and consistent with the facts charged (see, e.g., Supreme Court Decisions 2012Do2631, Jun. 28, 2012>
The judgment of the court below also asserted the same purport as the grounds for appeal in this part, and the court below rejected the defendant's above assertion and found the defendant guilty of the facts charged in this case by taking account of the evidence in its judgment.
The following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below, namely, ① the victim’s investigative agency and the court below’s statement are generally consistent, specific, and reasonable, and reasonable in light of the content of the 112 report made on the day of the instant case, ② the diagnosis statement for the victim is consistent with the victim’s body photograph immediately after the occurrence of the instant case, and the diagnosis date is close to the time of the occurrence of the injury.