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| TITLE | Supreme Court Decision 2009Do14065 Decided March 25, 2010 [Injury by Robbery,Aiding or Abetting Escape of ...the Road Traffic Act Unlicensed Driving] [full Text] |
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| Summary | |
| [1] Whether the appellate court can reverse the first instance court's determination as to the credibility of the statement of the first instance court witness (negative in principle) [2] In case where the jury's verdict of acquittal by unanimous opinion was adopted without any change in the citizen's participation trial, whether the appellate court can reverse the first instance court's determination as to the admission of evidences and fact-findings (negative in principle) [3] The case holding that the appellate court erred in the misunderstanding of legal principles as to substantial direct trial and open trial priority, and trial based on evidence in the following case: in the first instance court where the citizen's participation trial was held, nine jury members reached the verdict by unanimous opinion which was accepted by the trial bench and the charged facts of the injury by robbery were found as not guilty; thereafter, the appellate court reversed the first instance court judgment and convicted as charged | |
