(영문) 창원지방법원 2018.04.25 2017노3729 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2018.04.25 2017노3729

수질및수생태계보전에관한법률위반

Text

Defendant

A All appeals filed by the Defendants and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal (Defendant B withdrawn an appeal on the first trial date)

A. Defendant A (misunderstanding of facts and improper sentencing) 1) was not reported by the joint Defendant B, C, etc., and the statement of the joint Defendants against this did not have credibility, and thus, the court below found Defendant A guilty of the facts charged against Defendant A on the ground that there was no error of law by misunderstanding of facts and affecting the conclusion of the judgment.

2) Improper sentencing (the sentence of the lower court: a fine of KRW 50 million)

B. The prosecutor’s (in respect of the Defendants), who sentenced the lower court to the Defendants (a fine of KRW 50 million, Defendant B, and C): each of the fines of KRW 30 million is deemed to be too uneasible and unfair.

2. Determination

A. As to the assertion of mistake of facts, Defendant A asserted the same purport in the original trial.

As to this, the lower court found the Defendant guilty of the instant facts charged on the grounds of its stated reasoning.

In light of the spirit of substantial direct deliberation under the Criminal Procedure Act, the first instance judgment on the credibility of the statement made by the witness of the first instance court was clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined in 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 the statement made by the witness of the first instance court is different from the appellate court’s judgment.

In light of these relevant legal principles, the reasoning of the judgment of the court below is closely examined.

유사 판례

-의정부지방법원 2017.07.17 2017노490

-대구지방법원 2016.06.15 2016노947

-의정부지방법원 2018.02.05 2017노3119

-서울북부지방법원 2018.06.21 2017노1944

-대전고등법원 2018.06.29 2018노155