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(영문) 대전지방법원 2020.10.15 2020노2493
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error, the misapprehension of the legal principle) of the instant fraud is a single criminal offense B, and the Defendant did not have participated therein.

2. Determination

A. In determining the credibility of a statement made by a victim, etc. supporting the facts charged, the court shall determine the credibility of the statement, as well as whether the statement conforms to the reasonableness, logic, and morality of the content itself or the rule of experience, or conforms to the testimony of a third party, and as well as the appearance and attitude of the witness who is going to make a statement in an open court after being sworn before and after being sworn by a judge, and the appearance and appearance of the witness and the appearance of the statements, which are difficult to be recorded in the witness examination protocol, by directly observing various circumstances that are difficult to be recorded in the witness examination protocol, and shall not dismiss the witness examination without any separate evidence which clearly shows credibility, where the statement made by the victim, etc. conforms to the facts charged, if the testimony made by the witness including the victim is objectively consistent with the facts charged (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). In light of the first instance court’s spirit adopted by the appellate court as an appellate court’s principle, the credibility of evidence examination.

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