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(영문) 대구지방법원 2016.09.23 2016노1963
위증
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant did not have any false statement contrary to memory by attending as a witness of the case involving injury to C (Seoul District Court Decision 2014Da 129 decided 129) against C.

However, the lower court erred by misapprehending the fact that the lower court found the Defendant guilty of the instant facts charged, thereby 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 credibility in accordance with the spirit of substantial direct deliberation adopted by the Korean Criminal Procedure Act as an element of the trial-oriented principle, the first instance court’s decision on the credibility of the statement made by the witness at the first instance court was clearly erroneous in light of the content of the first instance judgment and the evidence duly examined in the first instance court’s first instance court’s evidence.

Unless there are extenuating circumstances to see the credibility of the statement made by a witness of the first instance trial and the result of further examination of evidence conducted until the closing of pleadings in the appellate trial, the appellate court may not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of the statement made by a witness of the first instance is different from the appellate court’s judgment (see Supreme Court Decision 201Do5313, Jun. 14, 2012). In addition, if the statement made by a witness is consistent in the main part, it does not unreasonably deny the credibility of the statement as a witness of the first instance, solely on the ground that the statement made by a witness of the first instance is inconsistent (see Supreme Court Decision 2008Do1212, Aug. 20, 209; 2008Do12112, Feb. 14, 2012).

1. C.

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