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(영문) 인천지방법원 2013.07.19 2013노1545
사기방조
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant, who is a public official, is trying to not be sentenced to imprisonment without prison labor or heavier punishment on the ground of his/her ipso facto retirement, and was led to confession at the lower court, but in fact, failed to be aware of D’s fraud, thereby aiding and abetting the commission of fraud.

(2) On February, 200, the court below's decision that the confession in the court of original instance differs from the testimony in the court of original instance cannot be said to be doubtful of the probative value or credibility of the confession. In determining the credibility of the confession, the court below's decision should be made based on the following: (a) the contents of the confession's statement per se are objectively rational; (b) the motive or reason behind the confession; and (c) the reason leading up to the confession is what is, and (d) the circumstance leading up to the confession does not conflict with or conflict with the confession among circumstantial evidence other than the confession.

Meanwhile, even if the whole or essential part of the criminal facts is not recognized, it is sufficient to prove that the confession of the criminal defendant is true, not the processed evidence, as well as indirect evidence or circumstantial evidence can also serve as corroborative evidence.

(See Supreme Court Decision 2009Do1151 Decided July 22, 2010, Supreme Court Decision 2007Do1419 Decided May 31, 2007, and Supreme Court Decision 2001Do4091 Decided September 28, 2001, etc.). According to the records, the Defendant, as a police official, appears to have sufficiently professional knowledge of the meaning of confession in criminal proceedings beyond the ordinary level. The Defendant appears to have been a police official, and even according to his/her own assertion, even if the Defendant voluntarily asserts, the reason for confession in the lower court is the reason for confession, such as adviser, assault, intimidation, unreasonable prolonged detention of body, or deception.

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