beta
Text
The defendant's appeal is dismissed.
The costs of litigation in the original instance and the trial shall be borne by the defendant.
Reasons
1. The summary of the grounds for appeal was that the defendant's friendship expressed alcohol, so the defendant's intent or ability to pay the price was not expressed, and the victim was not threatened.
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
(1) The lower court convicted the Defendant of the facts charged in this case, based on the following evidence: (a) the lower court convicted the Defendant of the credibility of the aforementioned testimony, after having undergone a witness examination procedure with respect to E, F, etc.; and (b) after having undergone a witness examination procedure with respect to E, F, etc.; and (c) based on the other evidence duly admitted and investigated in the testimony, the lower court convicted the Defendant of the facts charged in this case; and (d) the lower
Therefore, the defendant's assertion is without merit, since it seems that the judgment is remarkably improper.
3. In conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the ground that there is no ground for appeal by the defendant. It is so decided as per Disposition by the assent of all participating Justices on the bench with regard to the burden of litigation costs incurred by the original court and the trial.