(영문) 수원지방법원 2019.07.10 2019노1398 | 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) 수원지방법원 2019.07.10 2019노1398

담배사업법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The witness D's statement that the defendant, a summary of the grounds for appeal, operated a tobacco shop, manufactures and sells hydrogen tobacco is recognized as credibility.

However, the lower court erred by misapprehending the facts and rejecting the credibility of its statement, and by misapprehending the facts charged.

2. In light of the contents of the judgment of the court of first instance and the evidence duly examined in the court of first instance, unless there exist special circumstances to deem that the judgment of the court of first instance on the credibility of the statement made by a witness of the court of first instance was clearly erroneous, or in light of the results of the first instance examination and the results of additional examination of evidence not later than the closure of pleadings, maintaining the judgment of the court of first instance on the credibility of the statement made by a witness of the court of first instance is remarkably unfair, the appellate court shall not reverse the judgment of the court of first instance solely on the ground that the judgment of the court of first instance on the credibility of the statement made by a witness of the court

In particular, in the case of evidence supporting the facts charged, even though the first instance court, which directly observed the appearance and attitude of the witness who directly observe the witness's statement while proceeding the witness examination procedure, judged that the credibility of the witness's statement cannot be acknowledged, if the appellate court intends to determine that the credibility of the witness's statement can be acknowledged by following it, the first instance court's ruling rejecting the credibility of the witness's statement should be sufficient and acceptable.

(See Supreme Court Decision 2006Do4994 Decided November 24, 2006). Examining the evidence duly admitted and examined by the lower court in light of the aforementioned legal doctrine, the lower court’s judgment on the credibility of the witness’s statement was clearly erroneous.

The reason is that it is remarkably unfair to maintain the judgment of the court below.

참조판례

-대법원 2006. 11. 24. 선고 2006도4994 판결

유사 판례

-수원지방법원 2019.06.21 2019노1123

-서울중앙지방법원 2013.05.29 2013노523

-의정부지방법원 2019.12.12 2018노3774

-춘천지방법원 2020.10.21 2019노891

-서울북부지방법원 2019.06.21 2019노291