(영문) 대구지방법원 2017.09.15 2017노926 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 대구지방법원 2017.09.15 2017노926

명예훼손

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant, by mistake of facts, did not make a statement to the victim G and H as stated in the facts charged, the lower court found the Defendant guilty of the instant facts charged based on G and H’s statements without credibility. The lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (an amount of five million won) is too unreasonable.

2. Determination

A. In light of the spirit of substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, the first instance judgment on the credibility of the statement made by a witness of the first instance court was clearly erroneous in determining the assertion of misunderstanding of facts.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of the statement made by the 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 respect the first instance judgment on the credibility of the statement made by the witness of the first instance court (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). In full view of the evidence duly adopted and examined by the lower court, G and H consistently stated that “A of the lower court and H have heard from the Defendant at the instant F cafeteria around Sept. 2013, 2013, the lower court did not err by misapprehending the legal principles as to the credibility of the statement made by the witness of the first instance court.” The lower court’s additional statements made by the Defendant on the grounds that the statements made by the witness of the first instance court related to the victim are considerably specific and natural, and are considerably inconsistent with each other.

If so, the court below.

참조판례

-대법원 2006. 11. 24. 선고 2006도4994 판결

유사 판례

-수원지방법원 2017.01.20 2016노5812

-서울남부지방법원 2018.12.07 2018노380

-대구지방법원 2018.04.20 2017노5096

-창원지방법원 2017.03.30 2016노2799

-전주지방법원 2017.01.12 2016노954