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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below which found the defendant guilty of the facts charged of this case, although the defendant did not have received a request for eviction from the injured party.
B. The punishment of the lower judgment that was unfair in sentencing (an amount of KRW 500,000) is too unreasonable.
2. Determination
A. The Criminal Procedure Act of Korea adopts the principle of public trial-oriented that the establishment of a conviction or innocence against the substance of a criminal case ought to be based on a trial-oriented principle, and adopts a substantial direct psychological principle that only the evidence directly examined in the presence of a judge can be used as the basis of a trial and the original evidence near the facts to be proved should be based on a trial-oriented principle, and that the use of substitute documents for the original evidence should not be permitted in principle. This is intended to enable a judge to form a new and accurate conviction on the case through the method of investigating the original evidence directly in a court, while giving a defendant an opportunity to directly state his/her opinion on the original evidence, thereby enabling the discovery of substantial truth and realizing a fair trial.
Therefore, the court presiding over the criminal procedure should be able to realize the above substantial and complete spirit of the principle of direct deliberation in the first instance trial court, which is the principle procedure in which the parties’ allegations and evidence are taken place, focusing on the court in the process of criminal procedure and the trial process.
In order for the first instance court to judge the credibility of the statement after the witness examination procedure to be conducted, not only is it consistent with the rationality, logic, contradiction, or rule of experience of the content itself, but also is consistent with evidence or third party's statement, but also the appearance or attitude of the witness who is making a statement in open court after being sworn before a judge, in the presence of a judge;