beta
(영문) 대구지방법원 2018.02.14 2017노5753

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. According to the records of this case’s ex officio determination, the court below: (a) served a copy of indictment and a writ of summons by means of serving public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Lawsuits and served the defendant with a trial in the absence of the defendant, and sentenced eight months to imprisonment; (b) alleged to the purport that the defendant was unable to receive a copy of indictment, etc. and was not aware of the fact that the judgment was pronounced; and (c) on the ground that the defendant was unable to appeal within the appeal period

According to the above facts of recognition, there are grounds for a request for retrial under the Act on Special Cases concerning the Promotion, etc. of Litigation due to the lack of reasons attributable to the defendant who was unable to attend the trial of the court below, and accordingly, this court has tried to proceed with a new litigation procedure to the defendant, so the judgment of the court below is

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, since there is a ground for reversal ex officio as above, and the judgment below is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The crime of this case for the reason of sentencing under Article 62(1) of the suspended sentence of the Criminal Act is that the Defendant, by deceiving the victim in around 2015, obtained by deceiving the victim, and the nature of the crime is not good, and damage for a considerable period from the date of the crime.