beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the victim's statement to the effect that the defendant voluntarily consumed the loan without the victim's permission is reliable, and despite the absence of credibility of the defendant's legal counsel, the credibility of the victim's statement is rejected. The judgment of the court below which acquitted the defendant without the omission of the judgment on the credibility of the defendant's legal counsel, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
2. Determination
A. Relevant legal principles 1) In a criminal trial, the conviction should be based on evidence with probative value that leads a judge to have the conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt about the defendant's guilt, it is inevitable to determine the defendant's interest as the benefit of the defendant, and if the defendant had the burden of proof if he had the civil trial, he/she did not have the burden of proof in favor of himself/herself (see, e.g., Supreme Court Decisions 95Do3081, Mar. 8, 1996; 201Do15767, Feb. 13, 2014). Thus, it is difficult to obtain the defendant's defense from the defendant.
Even if it is immediately used as evidence of guilt, it can not be used as evidence of guilt.
2) Meanwhile, in light of the content of the judgment of the first instance and the evidence duly examined by the first instance court, the first instance judgment on the credibility of the statement made by the witness at the first instance court was clearly erroneous.
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, in full view of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of the appellate trial proceedings, the appellate court shall have the credibility of the statement made by the witness of the first instance court.