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(영문) 수원지방법원 2014.12.18 2014노2673

모욕

Text

The prosecutor's appeal is dismissed.

Reasons

1. Although the summary of the grounds for appeal in E, G, and H’s statements in the court of original instance and the investigative agency are sufficiently reliable, the court below acquitted the remaining defendant who rejected the credibility of each of the above statements without explaining the specific reasons, and found the defendant not guilty of the facts charged. In so determining, the court below erred by misapprehending the facts and lack of reasoning.

2. In light of the contents of the judgment of the court of first instance and the evidence duly examined in the court of first instance, if there are extenuating circumstances to deem that the first instance judgment on the credibility of the statement made by the witness of the court of first instance was clearly erroneous, or if it is not in exceptional circumstances to deem that maintaining the first instance judgment on the credibility of the statement made by the witness of the court of first instance is considerably unfair considering the results of the first instance and the results of additional examination of evidence not later than the time of closing argument in the appellate court, the appellate court should not reverse the first instance judgment on the sole ground that the first instance judgment on the credibility of the statement made by the witness of the court of first instance is different from the appellate court's judgment (see, e.g., Supreme Court Decisions 2006Do494, Nov. 24, 2006; 2008Do4499, Jul. 29, 2010; Then, in light of the following facts, the lower court's determination on the credibility of the statement made by the witness of this case, the witness evidence evidence evidence.

No circumstance can be found to deem that maintaining or maintaining it is remarkably unfair, and the court below's judgment is the F.