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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal by the defendant and his defense counsel
A. The Defendant: (a) was under the influence of the victim D, the main owner of the business, at the main store, and was forced to kill the victim of the luxious street; and (b) the Defendant did not forced the victim.
Nevertheless, the lower court found the Defendant guilty of the instant facts charged on the grounds of the statement of the victim D without credibility, etc., thereby misunderstanding the facts and affecting the conclusion of the judgment.
B. In light of the fact that it is difficult for the criminal defendant to receive debt adjustment through the Credit Counseling and Recovery Commission, the criminal defendant suffered difficulties in working life and marriage life due to the instant case, and the criminal defendant has no record of criminal punishment due to a sex offense, etc., the sentence of the court below that sentenced a fine of 4 million won and an order to complete a sexual assault treatment program for 40 hours 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 based on the spirit of substantial direct deliberation adopted by the Criminal Procedure Act as an element of the trial-oriented principle, the lower court’s determination was clearly erroneous in light of the content of the lower court’s judgment and the evidence duly examined by the lower court.
Unless there are extenuating circumstances to see the judgment of the court below on the credibility of the statement made by a witness of the court below is clearly unfair, or in full view of the results of the examination of evidence and the results of additional examination conducted until the closing of oral pleadings, 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 the statement made by the witness of the court below is different from the judgment of the appellate court (Supreme Court Decisions 2011Do5313, Jun. 14, 2012; 2008Do449, Jul. 29, 2010; 2008Do449, Nov. 24, 2006).