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(영문) 서울중앙지방법원 2013.03.08 2013노454

대부업등의등록및금융이용자보호에관한법률위반등

Text

The judgment of the first instance shall be reversed.

The sentence against the accused shall be determined by a fine of KRW 3,00,000.

The above fine shall be imposed on the defendant.

Reasons

1. Erroring facts about the gist of grounds for appeal (as to the part of violation of the Fair Debt Collection Practices Act, the defendant did not threaten the victim) and unfair sentencing. 2. The judgment of this court

A. In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance court in light of the content of the first instance court’s judgment and the evidence duly examined by the first instance court, or the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is clearly erroneous in light of the evidence examination conducted by the first instance court and the evidence duly examined by the first instance court, except in exceptional cases where it is deemed that maintaining the first instance court’s determination on the credibility of a statement made by a witness of the first instance is considerably unreasonable in full view of the evidence examination and the additional evidence examination conducted by the time of closing argument of the appellate court, the appellate court should not reverse without permission the first instance court’s judgment on the grounds that the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is different from the appellate court’s determination (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012).

In the instant case where it is difficult to view that maintaining the judgment of the first instance court is considerably unfair even if it was based on the result of an additional examination conducted by the time the arguments in the trial or by the time the arguments in the trial are closed, the first instance court's decision which found the Defendant guilty of the facts charged in the instant case based on such evidence is justifiable, and it is difficult to see that there is an error of mistake of facts affecting the judgment,

B. The assertion of unfair sentencing.