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(영문) 서울남부지방법원 2013.09.27 2013노919
식품위생법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant merely refused the F’s request that the Defendant did not commit an act of entertainment by the Defendant or his employee H, etc.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Determination

A. (i) Considering the difference between the first instance court and the appellate court’s method of evaluating credibility in accordance with the spirit of the principle of substantial direct examination adopted by the Criminal Procedure Act as an element of the trial-oriented principle, the appellate court should not reverse without permission the first instance court’s judgment on the ground that the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or that the first instance court’s determination on the credibility of the statement made by a witness of the first instance is clearly unreasonable in full view of the results of the first instance court’s examination and the results of additional examination of evidence conducted by the time of closing argument at the appellate court’s oral argument, and the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is clearly unreasonable solely on the ground that the first instance court’s determination on the credibility of the statement made by the witness of the first instance court is different from the appellate court’s determination (see, e.g., Supreme Court Decision 2011Do5313, Jun., 14, 201).

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