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(영문) 인천지방법원 2014.04.09 2013노3655
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not allow F to prepare a written statement under the name of the Defendant.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. (1) In light of the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, unless there are special circumstances to deem that the first instance court’s determination on the credibility of the statement made by a witness of the first instance was clearly erroneous, or in view of the results of the first instance court’s examination and the results of the additional examination of evidence not later than the closing of argument in the appellate trial, maintaining the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is clearly unreasonable, the appellate court should respect the determination on the credibility of the statement made

(2) The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the other evidence duly adopted and examined in each of the above testimony after having directly examined the F and E, etc., and found the credibility of the said testimony was clearly erroneous.

It is not considered significantly unfair to maintain its judgment as it is.

Therefore, this part of the defendant's argument is without merit.

B. In full view of the records of this case’s unreasonable sentencing and all the sentencing conditions indicated in the argument, the Defendant’s assertion on this part is without merit, since the lower court’s punishment is too unreasonable because it was too unreasonable.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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