beta
Text
All appeals filed by prosecutors and defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Prosecutor 1) Violation of the Attorney-at-Law Act (A) The Defendant’s statement to the effect that “to assist D, without compensation, prepared legal documents such as the statement in the list of crimes attached to the judgment below” is not reliable in light of the motive for the preparation of the above legal document, the relationship between the Defendant and D, and the same criminal records of the Defendant.
(2) Unlike the existing police statement, H testified that corresponds to the Defendant’s assertion on the amount of money and method of delivery issued by D in the original trial court, but considering the circumstances such as the fact that H failed to explain the grounds for the reversal of such statement, and that it appears that H’s retaliation would be taken against the Defendant, there is no credibility of H’s legal statement.
(3) At the lower court’s trial, F testified that “D did not consider giving money to the Defendant,” and explained the circumstances leading up to the reversal of the previous police’s statement, as seen above, that “a false statement is made upon D’s request at the time of the police investigation.”
However, in light of the circumstances such as (i) how D requested to make a concrete statement at the time of police investigation; (ii) how D made a contradictory statement; (iii) whether D had received a request from D to make a false statement in the direction favorable to D in the direction favorable to D; and (iv) whether F obtained a summary order of KRW 3 million issued by the Daejeon District Court on February 19, 2019 (Seoul District Court Decision 2018Da13679), and (v) whether F received a help from the Defendant to make a legal document in connection with a case violating the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury), there is no credibility of F’s legal statement.
(4) Other actual costs and encouragements shall be made out of legal documents.