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(영문) 의정부지방법원 2017.04.24 2017노106
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant is merely aware of the fact that the victimized party introduced a pharmacy store to be sold under the favorable condition to the pharmacy store and received the commission.

B. The sentence of the lower court’s unfair sentencing (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. In light of the difference between the original court and the appellate court’s method of assessing the credibility of a witness’s statement in light of the contents of the original judgment and the evidence duly examined in the original judgment, the lower court’s judgment was clearly erroneous in determining the credibility of the witness’s statement in light of the contents of the original judgment and the evidence duly examined in the original judgment.

Unless there are extenuating circumstances to see that it is remarkably unfair to maintain the judgment of the court below on the credibility of a statement made by a witness of the court below as it is, or considering the results of the examination of evidence at the court below and the results of additional examination conducted until the closing of oral argument at the court of appeal, the appellate court shall not reverse without permission the judgment of the court below on the ground that the judgment of the court below on the credibility of a statement made by a witness of the court below is different from the judgment of the court of appeal (see, e.g., Supreme Court Decisions 2006Do494, Nov. 24, 2006; 201Do5313, Jun. 14, 2012). Although the defendant asserted to the same purport, the court below asserted to the same effect, the defendant has credibility in the legal statement made by the victim, D,

Accordingly, the defendant's assertion was rejected.

Examining the above facts-finding and judgment of the court below in comparison with records in light of the above legal principles, the judgment of the court below which found the defendant guilty of the facts charged in this case is just and acceptable, and there is an error of law by misunderstanding the facts affecting the judgment.

subsection (b) of this section.

B. As to the unfair argument of sentencing.

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