(영문) 대전지방법원 2017.01.12 2016노2838 | 리걸엔진

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(영문) 대전지방법원 2017.01.12 2016노2838

마약류관리에관한법률위반(향정)

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 was guilty of this part of the facts charged on the ground of the Defendant’s statement without credibility, even though the Defendant did not sell DNA philopon as stated in the facts charged. The lower court erred by misapprehending the legal doctrine on the facts charged.

2) Unreasonable sentence of the lower court (one year of imprisonment, additional collection) is too unreasonable.

B. A prosecutor 1) In light of the fact-misunderstanding that: (a) on October 14, 2015, the Defendant consistently stated that the account in the name of the Defendant was deposited in KRW 1.75 million from G to the account in the name of the Defendant; and (b) D consistently stated that the aforementioned remittance was given as a consideration for the purchase and sale of philopon; and (c) the Defendant could recognize the fact that the Defendant arranged to sell philopon around October 11, 2015, but the lower court acquitted the Defendant of this part of the charges

2) The unfair sentencing sentence of the lower court is too unfortunate and unreasonable.

2. Considering the difference between the spirit of the principle of substantial direct deliberation and the method of evaluating the credibility of the first instance court and the appellate court’s determination on the Defendant’s assertion of mistake of facts, the first instance judgment on the credibility of the statement made by the witness of the first instance court was clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined in the first instance court.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court, in full view of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of oral argument in the appellate court, the appellate court shall not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of a statement made by a witness of the first instance court is different from the appellate court’s judgment (see Supreme Court Decision 2006Do4994, Nov. 24, 2006). We examine in accordance with the above legal principles.

Defendant.

참조판례

-대법원 2006. 11. 24. 선고 2006도4994 판결

유사 판례

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