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(영문) 대구지방법원 2017.02.01 2016노3188
성매매알선등행위의처벌에관한법률위반(성매매)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) does not contain any fact that the defendant was engaged in acts similar to E and purchased sex as stated in the judgment of the court below.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2. In light of the spirit of substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, the first instance judgment on the credibility of the statement made by the first instance witness was clearly erroneous.

Unless special circumstances exist or comprehensively considering the results of the first instance examination and the results of further examination of evidence conducted by the appellate court until the closing of oral proceedings, maintaining the first instance judgment as to the credibility of the statement made by the witness of the first instance court is clearly unfair, the appellate court shall respect the judgment as to the credibility of the statement made by the witness of the first instance (see Supreme Court Decision 2006Do4994, Nov. 24, 2006, etc.). The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, the witness E of the lower court is consistent with the facts charged by the investigative agency from the date of the lower court (Evidence No. 23 to 25 of the evidence record, No. 53 to 55 of the trial record). Since the contents of the statement are consistent with the reasoning of the lower court's judgment to the extent that the Defendant could not be able to fully state the credibility of the statement made by the witness of the first instance court without going through experience and the contents of the statement made by the Defendant No. 5 of the remaining cash. 1.

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