logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2014.10.30 2014노851
위증
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not contain any false statement contrary to one’s memory, as stated in the facts constituting the crime in the judgment below, the court below convicted the Defendant by misunderstanding the facts, as well as inconsistent, inconsistent, inconsistent with the statements of other witnesses, and inconsistent with objective evidence, and inconsistent with the empirical rule, and committed a guilty verdict by misunderstanding the facts.

2. In light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act, if there are extenuating circumstances to deem that the first instance court’s determination on the credibility of the statement made by a witness of the first instance was clearly erroneous, or if it is deemed that maintaining the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is significantly unfair, the appellate court should respect the determination on the credibility of the statement made by the witness of the first instance, unless there are exceptional circumstances where it is deemed that the first instance court’s determination on

(See Supreme Court Decision 201Do5313 Decided June 14, 2012, etc.). Based on the aforementioned legal doctrine, the lower court directly conducted the examination of evidence on the following grounds: (a) acknowledged the credibility of the examination; and (b) convicted the Defendant of each of the instant facts charged; (c) found the lower court’s credibility on each of the testimony made by the witness E, etc. was clearly erroneous.

The defendant's assertion of mistake of facts is without merit, since it seems that maintaining the judgment of the court below on the credibility of the judgment is not significantly unfair.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

arrow