logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2014.07.16 2014노798
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not assault F. The Defendant did not assault F.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. (1) In light of the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, unless there are special circumstances to deem that the first instance court’s determination on the credibility of the statement made by a witness of the first instance was clearly erroneous, or in view of the results of the first instance court’s examination and the results of additional examination of evidence not later than the closing of argument in the appellate trial, maintaining the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is clearly unfair, the appellate court should respect the determination on the credibility of the statement made

(2) The lower court acknowledged the credibility of each of the legal statements made by F, G, H, and H, and rejected the credibility of M’s legal statement, on the following grounds: (a) the lower court convicted of the facts charged of the instant case; (b) the lower court clearly erred in its determination of the credibility of each of the above statements; (c) the lower court’s determination on the credibility of each of the above statements was clearly erroneous.

Since it seems that maintaining the judgment of the court below on the credibility of the judgment is not significantly unfair, the defendant's assertion of mistake of facts is without merit.

B. In full view of the records of this case’s unreasonable sentencing and all the sentencing conditions expressed in the argument, the lower court’s punishment is too unreasonable and is not unfair. Therefore, the Defendant’s assertion of unfair sentencing is without merit.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow