(영문) 청주지방법원 2021.03.18 2020노1601 | 리걸엔진

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크기(pt)

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자간(%)

(영문) 청주지방법원 2021.03.18 2020노1601

산업재해보상보험법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the defendant is found to have received industrial accident compensation benefits by pretending to the fact that he/she received industrial accident compensation benefits in spite of the fact that he/she had not suffered injury while performing guard duties in the apartment of this case.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous as a matter of fact.

2. 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 a witness of the first instance court was clearly erroneous in the determination.

Unless there exist extenuating circumstances to view that maintaining the first instance judgment on the credibility of a statement made by a witness of the first instance court is significantly unfair, or comprehensively 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 may 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 Decisions 2008Do7917, Jan. 30, 2009; 2013Do5029, Sept. 12, 2013). The lower court has stated in F, G, and H’s court and investigation agency’s statement that is difficult to believe that the above statement made by the witness of the first instance court was the most reasonable doubt that the Defendant had suffered from insurance benefits due to the lack of evidence submitted by the prosecutor, including the above evidence.

The Court rendered a not guilty verdict on the ground that it cannot be deemed difficult.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just and acceptable.

참조판례

-대법원 2009. 1. 30. 선고 2008도7917 판결

유사 판례

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