logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.08.31 2017노1255
사기
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. Although each statement of the victim H and witness J, which correspond to the facts charged in the instant case, is sufficiently reliable, the lower court rejected this and rendered a not guilty verdict of the Defendants on the facts charged in the instant case. The lower court erred by misapprehending the facts.

2. Determination

A. The court below found Defendant B’s testimony as one of the witness witnesses of the instant accident, and found Defendant B not guilty of the Defendants on the ground that it is difficult to recognize the credibility of the testimony, since it is difficult to recognize the objective and rationality of the testimony as well as the objective and rational reasoning of the facts charged in light of the circumstances stated in its reasoning, as evidence that Defendant B’s testimony was consistent with the facts charged in the instant case at the same time, at the same time, and at the same place as indicated in the instant facts charged, Defendant B’s testimony was not consistent with the specific part, and there is a possibility that Defendant B’s non-exclusive driving of the instant accident would have influenced the statement in the situation that affected H’s rate of fault in the instant accident.

B. Examining the evidence duly adopted and examined by the court below, the court below's decision that found the Defendants not guilty of the facts charged in this case without recognizing the credibility of H and J's statements based on such circumstances is just and there is no error of law as alleged by the prosecutor in the judgment of the court below.

3. In conclusion, since the prosecutor's appeal against the defendants is without merit, all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow