절도등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the defendant merely borrowed 7 money from the victim, and the defendant did not have stolen 1.6 million won in cash of the victim, but the court below found the defendant guilty of this part of the facts charged based on the victim's statement without credibility. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
2. In light of the spirit of substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, the first instance judgment on the credibility of the statement made by the first instance witness was clearly erroneous.
Unless there exist special circumstances to view that maintaining the first instance judgment on the credibility of a statement made by a witness of the first instance court is clearly unfair, or in full view of the results of the first instance examination and the results of the further examination of evidence conducted from the time the appellate trial ends, the appellate court shall respect the first instance judgment on the credibility of the statement made by the witness of the first instance court (see Supreme Court Decision 2006Do4994, Nov. 24, 2006, etc.). In full view of the evidence duly adopted and examined by the lower court, the victim shall consistently appear from the investigative agency to the court of the lower court from Oct. 17:00 on the same day to Oct. 6, 2013 to the court of the first instance, and from Oct. 23:00 on the same day, 160,000 won, showing the Defendant’s walk and cash, and 160,000 won, and there were no further specific and contradictory circumstances between the victim and the witness’s statement.
The court below held this part.