(영문) 대전지방법원 2017.04.13 2016노2164 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2017.04.13 2016노2164

절도

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the following facts: (a) the victim made the first statement at an investigative agency and made the testimony at the court of the court below after about one year has passed; (b) the victim’s statement was merely a scarcity portion; and (c) the F and E’s legal statement at the court below partially conforms to the victim’s statement; (d) the victim’s investigative agency and the court of the court below, which correspond to this part of the facts charged, sufficiently credibility the victim’s statement at the investigative agency and the court of the court below, and therefore, (e) the victim’s statement at the investigative agency and the court of the court below, which correspond to this part of the facts charged, was sufficiently credibility; (e) the Defendant’s cash amount of KRW 1870,00 won, 24K net

Although it can be seen, the court below rendered not guilty of the above facts charged. The judgment of the court below is erroneous by misunderstanding facts, which affected the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant is too unhued and unfair.

2. Judgment on the assertion of mistake of facts

A. The lower court rendered a not guilty verdict on the facts charged on the grounds that it is difficult to easily believe the victim’s statement that conforms to each of the facts charged in the acquittal portion, and there is no other evidence to acknowledge it.

B. 1) Considering the difference between the spirit of substantial direct deliberation and the first instance court and the appellate court’s method of evaluation of credibility, the first instance judgment on the credibility of the statement made by the first instance court was clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined in the first instance court.

The first instance court's decision on the credibility of a statement made by a witness of the first instance court is not deemed significantly unfair, in light of the special circumstances or the result of the first instance court's examination and the result of the additional examination of evidence conducted until the closing of the appellate court's pleading.

유사 판례

-인천지방법원 2017.12.15 2017노1827

-인천지방법원 2017.08.25 2016노4709

-인천지방법원 2017.11.24 2016노2734

-인천지방법원 2017.08.18 2017노568

-서울서부지방법원 2018.11.22 2018노1030