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(영문) 서울남부지방법원 2013.10.25 2013노1422
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that there is no fact that the defendant misleads the victims or obtains money, and there is no fact that the defendant inflicts an injury on the victim N.

B. In the event of arrest or detention, the Defendant was investigated by the investigative agency when he was unable to obtain the assistance of counsel from the prosecutor, and the prosecutor fabricated the instant case upon receiving the consent of the victims who were born.

C. The sentence imposed by the lower court (four years of imprisonment) is too unreasonable.

2. Determination

A. (1) When considering 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 judgment and the evidence duly examined by the first instance court, or except in exceptional cases where it is deemed significantly unreasonable to maintain the first instance court’s decision on the credibility of a statement made by a witness of the first instance court in full view of the results of the first instance court’s examination and the results of additional examination of evidence conducted by the time of closing argument in the appellate court, the appellate court should not reverse without permission the first instance court’s decision on the grounds that the first instance court’s decision on the credibility of a statement made by a witness of the first instance is different from the appellate court’s decision (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). In light of the above legal principles, the court below’s judgment on the health of witness of the first instance court and the first instance court’s testimony and its inconsistency between the first instance court’s testimony and investigation agency.

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