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(영문) 부산지방법원 2020.01.31 2019노3899
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court dismissed the prosecution regarding the intimidation against the victim B among the facts charged against the Defendant and sentenced him to the remainder of the facts charged.

Accordingly, since only the defendant appealed against the guilty part of the judgment of the court below, the dismissal of prosecution that the defendant and the prosecutor did not appeal was separated and finalized as it is.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. Summary of grounds for appeal;

A. The Defendant of mistake of facts did not assault the victim I on July 7, 2019, or threatened the victim M on July 4, 2019.

B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

3. Determination

A. In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or unless there are special circumstances to deem that the first instance court clearly erred in the determination of the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or where it is deemed significantly unreasonable to maintain the first instance court’s determination 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 additional evidence examination conducted by the time of closing argument in the appellate court, the appellate court should not reverse without permission the first instance court’s determination on the credibility of a statement made by the witness of the first instance on the grounds that the first instance court differs from the appellate court’s determination (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012).

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