logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2016.01.13 2015노830
배임등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. As to the charge of breach of trust among the facts charged by misapprehending the legal principles, the Defendant and the victim did not enter into an agreement on the transfer of ownership of the livestock shed of this case, and the agreement on the transfer of ownership of the domestic house was concluded.

Even if the defendant had been lawfully released, there was no intention to commit a crime of breach of trust against the defendant, and in relation to theless accusation, the defendant did not sell the stable of this case, and there was no consent to the preparation of a trade contract on November 27, 2013. Therefore, the contents of the complaint prepared and submitted by the defendant are true, and even if there was anything different from the domestic facts, it is merely an exaggeration of the circumstances of the reported fact, and thus, it is not a crime of false accusation.

B. The sentence of the lower court’s unfair sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the difference between the original court and the appellate court’s method of assessing the credibility of a statement made by a witness in light of the contents of the original judgment and the evidence duly examined in the original judgment, the lower court’s judgment was clearly erroneous in its determination as to the credibility of a statement made by the witness in the lower court in light of the content of the original judgment and the evidence duly examined in the lower court.

Unless there are extenuating circumstances to see that maintaining the judgment of the court below on the credibility of the statement made by a witness of the court below is significantly unfair, or comprehensively considering the results of the examination of evidence at the court below and the results of additional examination conducted until the closing of oral argument at the appellate court, the appellate court should not reverse without permission the judgment of the court below on the ground that the judgment of the court below on the credibility of the statement made by the witness of the court below is different from the judgment of the appellate court (see Supreme Court Decisions 2006Do494, Nov. 24, 2006; 201Do5313, Jun. 14, 2012).

arrow