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(영문) 서울북부지방법원 2020.08.21 2019노2140
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a factual error) was stated in the written complaint by the Defendant, and the Defendant was actually assaulted on March 20, 2018 and November 8, 2018. Therefore, there was no accusation against B.

2. In light of the difference between the first instance court and the appellate court’s method of evaluation of credibility in accordance with the spirit of the principle of direct examination adopted by the Korean Criminal Procedure Act as an element of the principle of direct examination, the appellate court should not reverse without permission the first instance judgment on the sole ground that the first instance court’s determination on the credibility of the statement made by the witness in the first instance is clearly erroneous, or that maintaining the first instance court’s determination on the credibility of the statement made by the witness in the first instance is considerably unreasonable in full view of the results of the first instance court’s examination and the results of additional examination of evidence made by the time of closing argument in the appellate court, on the grounds that the first instance judgment on the credibility of the statement made by the witness in the first instance differs from the appellate court’s determination (Supreme Court Decision 2011Do5313, Jun. 14, 2012; Supreme Court Decision 2011Do5313, Sept. 16, 2019).

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