근로기준법위반
The prosecutor's appeal is dismissed.
In light of the gist of the prosecutor’s appeal grounds P, Q’s respective statements, police statements to F, and written estimates, etc., it is recognized that substitute N&P subcontracted all of the household works to the Defendant, and the Defendant was guilty on the ground that he/she employed workers, such as F, etc. and performed the said household works. However, the lower court acquitted the Defendant. In so doing, the lower court erred by misapprehending the legal doctrine.
Judgment
The court below explained the grounds for its determination in detail, and found that the evidence submitted by the prosecutor concerning the facts charged of this case is beyond reasonable doubt.
The Court rendered a not guilty verdict on the ground that it cannot be deemed difficult.
The facts constituting the elements of a crime charged in a criminal trial, whether it is subjective or objective, are the burden of proof (see, e.g., Supreme Court Decision 2009Do12132, Nov. 25, 2010). The establishment of a crime ought to be based on strict evidence with probative value that leads a judge to have a conviction to the extent that there is no reasonable doubt.
Therefore, in a case where the prosecutor’s proof does not sufficiently reach the extent that it would lead to such conviction, even if there is doubt of guilt, such as the defendant’s assertion or defense contradictoryly or uncomfortable dismissal, it should be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2010Do1487, Apr. 28, 201). In light of the spirit of substantial direct psychologicalism adopted by our criminal litigation law, the appellate court, as an appellate court, has clearly erred in the first instance judgment as to the credibility of the statement made by the witness of the first instance trial.
Unless exceptional circumstances exist to the contrary, the first deliberation decision on the credibility of a witness's statement shall be respected (Supreme Court Decision 2006Do494 Decided November 24, 2006).