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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
The judgment below
Examining the reasoning in light of the evidence duly admitted, the court below reversed the judgment of the court of first instance that acquitted the charged facts of this case on the grounds as stated in its reasoning and it is just to find the Defendant guilty, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules
Supreme Court Decision 2008Do7917 Decided January 30, 2009, which the defendant cited in the grounds of appeal, was clearly erroneous in the first instance judgment as to the credibility of the statement made by the witness in the first instance trial in light of the contents of the first instance judgment and the evidence duly examined in the first instance trial under the principle of court-oriented principle and direct deliberation principle.
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, or 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, 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 the statement made by the witness of the first instance court is different from the appellate court’s judgment.
However, this case does not reverse the first deliberation judgment on the credibility of the statement made by the witness of the first instance trial, but it is recognized as criminal facts according to all the evidence submitted by the prosecutor. Therefore, it is inappropriate to invoke the above Supreme Court precedents.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.