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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is as follows: (a) the Defendant unilaterally received a notice of the 112-report from the captain and the pilot of the drinking house; (b) the Defendant took a taxi before the house to make a statement of the damaged fact by leaving the police station again; and (c) the police officer took a bath in front of the police vehicle until other police officers get off the taxi to make a statement of the damaged fact; and (d) even though the police officer did not assault by breathing the breath of the police officer, the Defendant was found to have committed a crime of interference with the performance of official duties. In so determining, the lower court erred by misapprehending the facts.
Defendant
The defense counsel appealed from the first trial date on the grounds of mistake of facts and illegality in sentencing.
However, the reason for appeal submitted within the deadline for submitting the statement of reasons for appeal cannot be viewed as a legitimate reason for appeal because there is no argument about unfair sentencing.
2. Determination
A. In light of the fact that the method of evaluating the credibility of a statement made by a witness at the first instance trial and the appellate trial, and the purport of the substantive direct deliberation principle adopted by the Criminal Procedure Act, the first instance judgment was clearly erroneous in the first instance judgment as to the credibility of the statement made by the witness at the first instance trial in light of the content of the first instance judgment and the evidence duly examined by the first instance trial and the evidence duly examined by the first instance court.
Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court by taking account of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings at the appellate court, the appellate court shall not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of a statement made by a witness of the first instance court is different from the appellate court’s judgment (Supreme Court Decision 201Da1548, Mar. 29, 2018).