(영문) 대구지방법원 2016.04.29 2015노2172 | 리걸엔진

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 대구지방법원 2016.04.29 2015노2172

위증

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In fact, the Defendant, on March 31, 2013, 200, died of the damage to the child care center by C from the fifth floor of F Hospital on March 21, 2013 to D.

No matter referred to as “” shall be referred to as “I”, “I” to C, and there is no fact.

Accordingly, the Defendant appeared as a witness of the Daegu District Court 2014 High Court 178 High Court 178 High Court, and there was no such remarks as above against CD.

“The fact was stated as it was in accordance with one’s memory.”

However, the lower court erred by misapprehending the fact that the lower court found the Defendant guilty of this part of the facts charged on the sole basis of the statement of D and H, thereby adversely affecting the conclusion of the judgment.

2) The punishment sentenced by the lower court (six months of imprisonment, two years of suspended execution, and 80 hours of community service) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. In light of the difference between the method of evaluating the credibility of the first instance court and the appellate court in accordance with the spirit of the substantial direct trial principle adopted by the Criminal Procedure Act as an element of the trial-oriented principle, the first instance court’s decision on the Defendant’s assertion of mistake was clearly erroneous in the first instance court’s determination on the credibility of the statement made by the witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined in the first instance court’s first instance trial.

Unless there are extenuating circumstances to see the credibility of the statement made by the witness of the first instance trial and the result of the further examination of evidence conducted by the time the appellate court final and conclusive, the appellate court should not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of the statement made by the witness of the first instance is different from the appellate court’s judgment (see Supreme Court Decision 201Do5313, Jun. 14, 2012). The lower court directly reverse D and H.

참조판례

-대법원 2012. 6. 14. 선고 2011도5313 판결

유사 판례

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