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(영문) 부산지방법원 2013.12.20 2013노3222
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant did not interfere with or interfere with the performance of official duties as stated in the facts charged in this case.

2. Considering the difference between the method of evaluating credibility of the first instance court and the appellate court in accordance with the spirit of the principle of substantial direct examination adopted by the Criminal Procedure Act, the appellate court may not reverse the first instance court’s determination on the ground that the first instance court’s determination on the credibility of a statement made by a witness of the first instance court was clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or that it is extremely unreasonable to maintain the first instance court’s determination on the credibility of a statement made by a witness of the first instance court in full view of the results of the first instance court’s examination and the results of additional evidence examination by the time of closing argument, the appellate court may not reverse the first instance judgment on the ground that the first instance court’s determination on the credibility of a statement made by a witness of the first instance court differs from the appellate court’s determination (see, e.g., Supreme Court Decision 2008Do7917, Jan. 30, 209).

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