사기등
The prosecutor's appeal is dismissed.
1. According to the summary of the grounds for appeal (in fact-finding and misapprehension of the legal principle), the court below acquitted the Defendant of the facts charged in this case on the ground that it is difficult to find the Defendant to have proven the fact that he/she mediated the card-based tin. The court below erred by misapprehending the facts or by failing to exhaust all necessary deliberations, which affected the conclusion of the judgment.
2. Determination
A. In light of the content of the first instance judgment and the evidence duly examined in the first instance court, unless there exist special circumstances to deem that the first instance judgment on the credibility of a witness’s statement made by the first instance court was clearly erroneous, or in view of the results of the first instance court’s examination and the results of additional evidence examination conducted by the time the appellate court concluded that maintaining the first instance judgment on the credibility of a witness’s statement made by the first instance court until the closing date of pleadings, the appellate court should not reverse the first instance judgment on the ground that the first instance judgment on the credibility of a witness’s statement made by the first instance court is different from the appellate court’s judgment (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). In particular, in cases of evidence supporting facts charged, it is sufficient and acceptable to reject the first instance judgment on the grounds that the first instance court, who directly observed the witness’s appearance and attitude during the examination procedure, could not admit the credibility of a witness’s statement made by the appellate court after its conclusion.
However, even after examining the record, I's statement credibility is examined.