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(영문) 서울서부지방법원 2013.12.19 2013노1084
무고
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

The summary of the grounds for appeal (guilty of Fact) is that the Defendant prepared and submitted a written accusation identical to the facts charged in this case, but the content stated in the above written accusation does not constitute a false accusation because it did not prepare and submit a false written accusation, and thus, the judgment of the court below which found the Defendant guilty of the facts charged in this case is erroneous by mistake

2. Considering the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance court in light of the substance of the first instance judgment and the evidence duly examined by the first instance court, unless there exist special circumstances to deem that the first instance court clearly erred in the determination of the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or in exceptional cases where it is deemed that maintaining the first instance court’s decision on the credibility of a statement made by a witness of the first instance court is remarkably unfair in full view of the results of the first instance court’s examination and the results of additional evidence examination conducted until the time of closing argument in the appellate court, the appellate court shall not reverse the first instance court’s judgment on the grounds that

(See Supreme Court Decision 2006Do4994 Decided November 24, 2006). The court below determined that the above witness's testimony was reliable, considering the following circumstances: (a) the witness D, E, and F, etc., who followed the witness examination procedure in relation to the instant non-criminal conduct; (b) whether it conforms to the reasonableness, logical, contradiction, or empirical rule of the witness himself/herself; and (c) whether it conforms to evidence; and (d) the witness's appearance, attitude, and appearance of the witness who is being given a statement in the open court after being sworn in the presence of a judge; and (d) the witness's testimony was obtained by directly observing various circumstances, including the appearance and attitude of the witness who is given a statement in the open court after being sworn.

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