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(영문) 서울서부지방법원 2013.08.29 2013노386
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the prosecutor’s grounds for appeal (in fact-finding, unreasonable sentencing) was pronounced not guilty on the grounds that there is no proof of a crime regarding the violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) among the facts charged in the instant case, but the court below rejected D’s statement without reasonable grounds and found that there is insufficient evidence to acknowledge the facts charged, despite the credibility of the victim D’s statement due to lack of sufficient evidence to acknowledge the facts charged, there is an error of law

The punishment of the lower court (2.850,000 won) is too unhued and unreasonable.

2. In light of the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act to determine the assertion of mistake, unless there are special circumstances to deem that the first instance court clearly erred in the determination of the credibility of the statement made by a witness of the first instance, or in view of the results of the first instance court’s examination and the results of additional examination of evidence by the time of closing argument in the appellate trial, maintaining the first instance court’s determination of the credibility of the statement made by a witness of the first instance court is clearly unfair, the appellate court shall respect the determination of the credibility of the

(2) The court below rejected the credibility of the above witness's statement on the grounds of its stated reasoning after examining the victim D as a witness. The court below rejected the credibility of the above witness's statement on the grounds of the circumstances alleged in its reasoning. Considering all the circumstances alleged in the grounds for appeal, the court below clearly erred in its determination as to the credibility of the above statement even when considering all the circumstances alleged in the grounds for appeal by the prosecutor.

It seems significantly unreasonable to maintain or maintain this as it is, and the remaining evidence submitted by the prosecutor alone was threatened by the defendant by carrying the victim as stated in the facts charged.

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