[위증·절도][집31(1)형,225;공1983.5.1.(703),676]
When rejecting a disposition document in a criminal trial, the part of the reasoning for rejection
In a criminal trial, there is no rule that a disposition document should be rejected even if it is a disposition document, and the preparation of evidence belongs to the exclusive authority of the fact-finding court unless it is contrary to the rules of experience or logic.
Article 308 of the Criminal Procedure Act
Defendant
Defendant
Attorney Choi Young-do
Seoul Criminal Court Decision 80No6090 delivered on October 28, 1981
The appeal is dismissed.
The grounds of appeal are examined.
1. As to perjury:
If the evidence cited by the judgment of the court below is compared to the records, it is acceptable to accept the facts of perjury as stated in the judgment, and it cannot be said that there were errors such as the theory of litigation with respect to the preparation of evidence that has gone through the process. In a criminal trial, the preparation of evidence shall be deemed to belong to the exclusive authority of the fact-finding court unless it is in violation of the rule of experience or logical rule that a disposal document should be rejected even if it is a disposal document, and unless it does not violate the rule of experience or logical rule, it shall not be deemed that
2. With respect to theft:
In light of the records, it is not reasonable to acknowledge facts without any evidence, since it is acceptable to accept the larceny in the original form and original form.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.
Justices Jeon Soo-hee (Presiding Justice)