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(영문) 서울남부지방법원 2020.12.15 2019노998
사문서변조등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal is that the defendant has not altered and used the minutes of the meeting representing occupants of this case, which is a private document.

2. Determination on the grounds for appeal

A. In light of the content of the judgment of the first instance court and the evidence duly examined by the first instance court, if there are extenuating circumstances to deem that the first instance court’s judgment on the credibility of a statement made by a witness of the first instance was clearly erroneous, or if it is not deemed significantly unfair to maintain the first instance court’s judgment on the credibility of a statement made by a witness of the first instance court by the date of the first instance’s examination and the time of closing argument in the appellate trial, the appellate court should not reverse the first instance judgment solely on the ground that the first instance judgment on the credibility of a statement made by a witness of the first instance is different from the appellate court’s judgment (see, e.g., Supreme Court Decisions 2010Do827, Oct. 14, 2010; 2013Do1802, Nov. 28, 2013).

Judgment

(1) The Defendant also asserted the same as the grounds for appeal. However, the lower court acknowledged the credibility of each of the witness’s statements in light of the following: (a) the witness’s respective statements from the investigative agency to the court of the lower court on the progress of the meeting related to the minutes of this case; (b) the contents recorded in the minutes of this case; and (c) the situation after the preparation of the minutes, etc., are consistent, specific, and consistent with each other; (d) the witness’s statements are not inconsistent with other evidence; and (e) it is impossible for the witness to find any circumstances to make a false statement by mutual consent even when he

(2) In addition to the following circumstances acknowledged by the evidence duly adopted and examined by the court below at the above court below, the witness of the court below is each of the witnesses.

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