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(영문) 대전고등법원 2017.11.03 2017노357
강도상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the robbery part, although the evidence submitted by the prosecutor sufficiently recognizes this part of the facts charged, the court below rendered a not-guilty verdict on the defendant. In so determining, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence of the lower court (one year and ten months of imprisonment) is too minor.

2. Determination

A. Collective opinions presented to the full bench about the recognition of facts in the criminal trial proceedings conducted in the form of a citizen participatory trial introduced to enhance the democratic legitimacy and trust of the court's determination of facts are recommended to help a judge of the court of fact that a juror has the right to adopt evidence and fact-finding under the principle of substantial direct deliberation and court-oriented trials. If a jury participated in the whole process of fact-finding, such as examination of witness witness witness, and a verdict of innocence issued by unanimous opinion on the admission of evidence, such as credibility of witness statement, and fact-finding, is adopted in accordance with the jury's appellate court's conviction, the first decision on the admission of evidence and fact-finding conducted through such procedure is sufficient and clearly opposed to him through new examination of evidence in light of the purport and spirit of the principle of direct deliberation and court-oriented trials, and the purport of the court below-oriented trials, and the principle of public trial-oriented trials, and thus, it is necessary to respect the witness's evidence duly admitted through the examination of witness, unless there are more circumstances to the contrary (see, e.g., Supreme Court Decision 2015Do465.

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