(영문) 수원지방법원 2018.10.25 2018노2211 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2018.10.25 2018노2211

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal is unreasonable because it is too unreasonable that the punishment of the lower court (the amount of KRW 700,000) is too unreasonable.

With respect to the fraud, which is the primary charge of mistake as to the non-guilty portion of the prosecutor, the lower court which rejected the victim's statement despite the credibility of the victim's statement was erroneous and adversely affected by the judgment.

The sentence of the court below which is unfair in sentencing is too unhued and unfair.

Judgment

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 with respect to the prosecutor’s assertion of facts, the first instance court’s decision 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.

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 by the court of first instance until the closing of pleadings, the appellate court should 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 the witness of the first instance is different from the appellate court’s judgment (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). The lower court rejected the first instance judgment on the primary facts charged as to the fraud, based on its reasoning, based on the victim’s police and part of the statement made by the court of first instance, and the credibility of the statement made by the court of first instance consistent with it. The lower court’s contents and the evidence duly examined by the lower court, thereby making it clear that the lower court’s judgment on the credibility of testimony was erroneous.

There is no special circumstance to see.

Therefore, the judgment of the court below is correct.

참조판례

-대법원 2012. 6. 14. 선고 2011도5313 판결

유사 판례

-전주지방법원 2017.01.12 2016노954

-전주지방법원 2018.01.18 2017노1450

-수원지방법원 2018.12.06 2018노4639

-서울동부지방법원 2017.01.26 2016노1426

-수원지방법원 2017.01.20 2016노5353