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(영문) 울산지방법원 2014.08.12 2014노8
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal in light of the evidence of this case, although the defendant was fully aware of the fact that the defendant had KR produce a little barF even though he agreed to produce Cheongdong F with the victim and received money, thereby acquiring money from the victim, the court below acquitted the defendant on the ground that it is difficult to recognize the fact that the defendant ordered KR to produce the barF, and the judgment of the court below is erroneous by misunderstanding the facts and adversely affecting the conclusion of the judgment.

2. In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance court’s judgment and the evidence duly examined by the first instance court, or the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is clearly erroneous in light of the contents of the first instance court’s judgment and the evidence duly examined by the first instance court, or the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is clearly unreasonable in full view of the results of the first instance court’s examination and the results of additional evidence examination conducted by the time of closing the argument of the appellate court, the appellate court should not reverse without permission the first instance judgment on the ground that the first instance court’s determination on the credibility of a statement made by a witness of the

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, determined that the credibility of the witness's statement cannot be acknowledged, the appellate court's rejection of the first instance court's decision against the credibility of the witness's statement, is acceptable.

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