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(영문) 춘천지방법원 2015.08.19 2013노709

업무방해교사

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error) did not interfere with H and I’s construction work in collusion with C, G, and H and I, as stated in the judgment of the court below.

2. When considering the difference between the original court and the appellate court’s method of evaluation of credibility in accordance with the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act as an element of the principle of court-oriented trial, the appellate court should not reverse without permission the lower court’s judgment on the sole ground that the lower court’s determination on the credibility of a witness’s statement is clearly erroneous in light of the contents of the original judgment and the evidence duly examined by the original court, or that it is clearly unreasonable to maintain the lower court’s determination on the credibility of a witness’s statement in light of the results of examination and the evidence duly examined by the original court, or that of additional examination by the time of closing argument until the closing of argument in the appellate court, the appellate court’s determination on the credibility of the witness’s statement is not consistent solely on the ground that the lower court’s determination on the credibility of the witness’s statement is different from the appellate court’s determination (see, e.g., Supreme Court Decisions 2006Do4994, Nov. 24, 2006; 20110).