Cases where the testimony in the prosecution is more reliable than the testimony in the court;

Considering the circumstances in which a witness is being investigated as a suspect and the fact that a statement in the court is under the presence of a defendant and has considerable psychological pressure, there is no circumstantial guarantee of credibility rather than a statement in the court.

Article 308 of the Criminal Act

Defendant

Prosecutor

Gwangju District Court Decision 67Da2051 decided Feb. 1, 198

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000.

When the above fine is not paid, the defendant shall be confined in a workhouse for a period of 200 won converted into one day.

The gist of the grounds for appeal by the public prosecutor is as follows: (a) the public prosecutor’s statement on Nonindicted 1 and 2, the authenticity of the formation consistent with the facts charged, without reliance on the prosecutor’s statement on the reversal statement at the court of original instance; (b) although the court of original instance acquitted the witness on the basis of the witness’s statement contrary to this, the court below found the defendant not guilty; (c) although Nonindicted 1, a witness, who is a police officer and was under the custody of the police station to which the defendant belongs with a separate case, cannot be believed to have made a constructive pressure; (d) there was an error of misconception of facts in violation of the rules of evidence; (e) Nonindicted 1 and Nonindicted 2, a witness recognized the authenticity of the statement on the witness, etc. prepared by the public prosecutor at the original trial process; (e) the prosecutor’s protocol and the witness’s statement on the witness at the court of original trial and the court of the same court; (e) the contents of the case are consistent with the facts charged; and (e) the remaining testimony and (e) the witness testimony and testimony at the same time and circumstances of the prosecution are more reasonable and definite.

In addition, the court below rejected the testimony of the court on the upper part, followed the contents of the prosecutor's protocol to recognize the facts charged. However, the court below rejected the prosecutor's protocol and sentenced the rest of not guilty who followed the testimony of the court. Therefore, the court below's decision is just because it cannot be said that there is the above law that misleads the facts against the rules of evidence.

Therefore, a party member shall reverse the judgment of the court below in accordance with Article 364 (6) of the Criminal Procedure Act and shall be decided again as follows.

On June 8, 1967, at the election period of the National Assembly member of the Yacheon Police Station, who was engaged in the Yacheon-gu, Yacheon-gu, Yacheon-si, Yari-si, Yari-ri, Yari-ri, Yari-ri, Yari-ri, Yari-ri, Yari-ri, Yari-ri, Yari-ri, Yari-ri, Yari-ri, Yari-ri, Yari-ri, Yari-ri, Yari-ri, Yari-ri, Yari-ri, Yari-ri, Yari-ri, Yari-ri, Yari-ri, Yari-ri, Yari-ri, Yari-ri, Yari-ri, Yari-ri, Yari-ri.

the court below's holding that the court below's judgment

1. Contents of the statement consistent with the facts contained in the judgment of the court below and the trial of the defendant;

1. The part of the statement statement made by the public prosecutor with Nonindicted 1 and 2, which is consistent with the facts in the judgment

1. In full view of the testimony part of the above witness's testimony during the original and the trial process of the witness, etc., evidence is sufficient.

As the court below's decision falls under Article 151 of the Election of National Assembly Members Act, the defendant is selected as a fine of 10,000 won and the defendant is punished by a fine of 10,00 won, and when the above fine is not paid under Articles 69 and 70 of the Criminal Act, the defendant shall be confined in the old house for the period of 200 won converted into one day.

It is so decided as per Disposition above.

Judges Kim Dong-chul (Presiding Justice)