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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울동부지방법원 2013.05.02 2013노178
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is consistent with the empirical rule to deem that the defendant stolen cash in light of the fact that the victim's testimony that the defendant reversed the statement made by the investigative agency and consented to the taking of the goods was not guilty, but the victim's testimony falls short of credibility, even if the victim's consent was given, it does not affect the establishment of a crime as long as the crime was committed after the establishment of the crime, and that the victim was not able to attack the outside, even in the case of cash, and the location of the cash in detail, etc. of the victim, the court below acquitted the defendant of the facts charged of this case.

2. Determination

A. In light of the contents of the judgment of the court of first instance and the evidence duly examined in the court of first instance in relation to the principle of trial-oriented and the principle of direct examination, unless there exist special circumstances to deem that the judgment of the court of first instance was clearly erroneous, or in light of the results of the first instance examination and the results of additional examination of evidence conducted by the court of first instance until the closing of arguments, maintaining the judgment of the court of first instance on the credibility of the statement made by a witness of the court of first instance is remarkably unfair. Thus, the appellate court reverses the judgment of the court of first instance solely on the ground that the judgment of the court of first instance on the credibility of the statement made by a witness of the court of first instance is different from the judgment of the appellate court (see, e.g., Supreme Court Decision 2009Do1409, Feb. 25, 2010). With respect to the statement of the court of first instance that the court below consented to the defendant's goods (including the manufactured goods) recorded in the facts charged, the court's statement alone is reversed.

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