(영문) 서울동부지방법원 2018.03.29 2017노1884

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2018.03.29 2017노1884

절도

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not have stolen the damaged goods of this case, the lower court found the Defendant guilty of the facts charged of this case, the lower court erred by misapprehending the facts or violating the rules of evidence, thereby adversely affecting the conclusion of the judgment.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. In view of the spirit of the substantial direct deliberation principle adopted by the Criminal Procedure Act as to the assertion of mistake of facts, the first instance judgment was clearly erroneous in its determination as to the credibility of the statement made by the witness of the first instance trial in light of the contents of the first instance judgment and the evidence duly examined in the first instance trial.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court by taking account of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings, the appellate court shall not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of a statement made by a witness of the first instance court is different from the appellate court’s judgment (see, e.g., Supreme Court Decision 2015Do2551, Apr. 15, 2016). The Defendant asserted to the same effect as the grounds for appeal in this part at the lower court, and the lower court rejected the Defendant’s allegation as to all the facts or circumstances found by the evidence employed by the evidence in detail.

Examining the reasoning of the lower judgment in a thorough comparison with the records, the lower court’s acknowledgement and determination of facts are justifiable and acceptable, and it is difficult to see otherwise solely on the basis that the Defendant required.

Therefore, the judgment of the court below on this part is delivered as alleged by the defendant.

참조판례

-대법원 2016.4.15.선고 2015도2551 판결

유사 판례

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