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(영문) 서울서부지방법원 2018.05.10 2018노2

무고

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not affix his seal or seal on the loan certificate of this case and affixed his seal thereto.

In addition to the fact that the date of preparation is two years and two months prior to the filing date of the complaint and C demanded the implementation of each written agreement before and after the date of preparation of the complaint, the defendant was suffering from the euthanasia by the euthanasia due to the euthanasia, it shall be deemed that there was no intention of accusation. However, the judgment of the court below which convicted the defendant of the facts charged of this case is erroneous.

B. The lower court’s sentence against an unfair defendant in sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. In view of the spirit of substantial direct deliberation under the Criminal Procedure Act adopted by the Criminal Procedure Act, the first instance judgment on the credibility of the statement made by the witness of the first instance court was clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined by the first instance court.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court by taking account of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings, the appellate court shall not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of a statement made by a witness of the first instance court is different from the appellate court’s judgment (see, e.g., Supreme Court Decision 2015Do2551, Apr. 15, 2016). The Defendant asserted to the same effect as the grounds for appeal in this part at the lower court, and the lower court rejected the Defendant’s allegation as to all the facts or circumstances found by the evidence employed by the evidence in detail.

The reasoning of the judgment below is recorded.