절도
The prosecutor's appeal is dismissed.
1. According to the summary of the grounds for appeal (misunderstanding of facts) the victim company's representative director L, director of accounting division M's investigation agency, N's statement in court, and N's investigation agency's statement, the court below rejected the credibility of the above statements although it can be found guilty of the facts charged in this case, and the court below acquitted the defendant of the facts charged in this case,
2. Determination
A. In light of the content of the judgment of the first instance and the evidence duly examined by the first instance court, the first instance court’s determination on the credibility of the statement made by a witness of the first instance court was clearly erroneous.
Unless there are extenuating circumstances to view that maintaining the first deliberation decision on the credibility of a statement made by a witness of the first instance court is significantly unfair, or in full view of the results of the first examination and the results of the further examination of evidence conducted until the closing of the appellate trial, the appellate court shall not reverse without permission the first deliberation decision on the sole ground that the first deliberation decision on the credibility of a statement made by a witness of the first instance court is different from the appellate court’s judgment.
In particular, in the case of evidence supporting the facts charged, even though the first instance court, which directly observed the witness's appearance and attitude in the witness's statement while proceeding the witness examination procedure, finds it impossible to recognize the credibility of the witness's statement, the appellate court may reverse it and recognize the credibility of the witness's statement.
In order to determine the credibility of the statement, the first instance judgment rejecting the credibility of the statement must be the case where sufficient and acceptable circumstances arise (see, e.g., Supreme Court Decisions 2006Do4994, Nov. 24, 2006; 201Do5313, Jun. 14, 2012). (b) A thorough examination of the records of this case conducted by the lower court in light of the evidence duly adopted and examined by the lower court.