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(영문) 인천지방법원 2014.09.17 2014노1411
위증
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal C attended the written agreement of this case and affixed a seal directly to that document.

2. Determination

A. In light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act, unless there are special circumstances to deem that the first instance judgment on the credibility of the statement made by a witness of the first instance was clearly erroneous, or the first instance judgment on the credibility of the statement made by a witness of the first instance is clearly unreasonable in light of the results of the first instance examination and the results of the additional examination of evidence conducted by the time the argument in the appellate trial is concluded, the appellate court should respect the judgment on the credibility of the statement made by the witness of the first instance.

(See Supreme Court Decision 2006Do4994 Decided November 24, 2006, etc.). B.

After directly examining the evidence regarding F, H, C, and D, the lower court found the Defendant not guilty of the facts charged of this case, and found the Defendant not guilty of the facts charged of this case, on the grounds that the lower court clearly erred in determining the credibility of each of the above statements.

The prosecutor's assertion is without merit, since it is not remarkably unreasonable to maintain the judgment of the court below on the credibility of the statement.

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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