(영문) 서울북부지방법원 2017.12.22 2017노352

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 서울북부지방법원 2017.12.22 2017노352

근로기준법위반등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In full view of the F’s statement, testimony of the witness of the lower court, and other relevant evidence as to the part not guilty of the facts, the lower court can sufficiently recognize the fact that the Defendant did not pay wages, etc. even though F had been compelled to do so from November 1, 2013 to August 31, 2014.

2) The sentence sentenced by the lower court is too unhued and unreasonable.

B. The sentence imposed by the lower court is too unreasonable.

2. Determination:

A. 1) Determination of the Prosecutor’s assertion of mistake of facts reveals that the method of evaluating the credibility of a statement made by a witness of the first instance trial has an essential difference between the first instance court and the appellate court, and that the purpose of substantial direct deliberation adopted by the Criminal Procedure Act of Korea was clearly erroneous in the first instance judgment in light of the content of the first instance judgment and the evidence duly examined by the first instance court.

Unless there are extenuating circumstances to view that maintaining the first deliberation decision on the credibility of a statement made by a witness of the first instance court is significantly unfair, or in full view of the results of the first examination and the results of the further examination of evidence conducted until the closing of the appellate trial, the appellate court shall not reverse without permission the first deliberation decision on the sole ground that the first deliberation decision on the credibility of a statement made by a witness of the first instance court is different from the appellate court’s judgment.

In particular, in the case of evidence supporting the facts charged, even though the first instance court, who directly observed the witness's appearance and attitude while proceeding the witness examination procedure, judged that it is impossible to recognize the credibility of the witness's statement, the appellate court may reverse it and recognize the credibility of the witness's statement.

We cannot accept the first decision that rejected the credibility of the statement.

유사 판례

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