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(영문) 서울중앙지방법원 2015.10.15 2015노3008
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error and the misapprehension of the legal principle) found the Defendant guilty of the instant facts charged with the evidence inadmissible despite the fact that the Defendant committed each of the instant crimes.

2. If there are extenuating circumstances to deem that the first instance court’s determination on the credibility of a statement made by a witness of the first instance was clearly erroneous in light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act regarding the grounds for appeal, or where it is clearly 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 light of the results of the first instance court’s examination and the results of additional evidence examination conducted up to the closing of argument in the appellate court, the appellate court shall respect the determination on the credibility of

(1) In light of the evidence duly adopted and examined by the lower court, the lower court’s judgment that recognized the credibility of the statement made by D, F, and G, which correspond to the facts charged in the instant case, is insufficient and acceptable, and it can be sufficiently recognized that the Defendant committed a crime as stated in the facts charged in the instant case, and thus, the lower court’s judgment that convicted the Defendant of the facts charged in the instant case is just and acceptable, and there is no error of misapprehending the legal doctrine on the admissibility of evidence.

Therefore, the defendant's assertion is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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