사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (two years of imprisonment) is too unreasonable;
2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.
When a sentence is pronounced, the facts constituting an offense in the reason of judgment, the summary of evidence and the application of statutes shall be clearly indicated (Article 323 of the Criminal Procedure Act), and the evidence to be tested shall be admissible and duly examined (see, e.g., Supreme Court Decision 95Do2526, Jan. 26, 1996). In a case where a confession of a defendant is an unfavorable evidence against the defendant, it shall not be admitted as evidence of guilt (Article 310 of the Criminal Procedure Act). Thus, in a case where a guilty verdict on the facts charged on the sole ground of the confession of a defendant without any reinforcement evidence, it shall be deemed that
(See Supreme Court Decision 2007Do7835 Decided November 29, 2007). In light of the foregoing, the lower court recognized the crime of fraud (2014Da3635) against the victim AK that the Defendant led to confession, and specified the “written statement of the Defendant” and “AO’s written statement” in the summary of the evidence.
However, "AO's statement" is a material that is not recorded in the evidence list and does not undergo legitimate evidence investigation.
Therefore, the lower court, without supporting evidence, found the Defendant guilty on the sole basis of the Defendant’s confession, thereby having committed an unlawful act that affected the conclusion of the judgment.
Therefore, the judgment of the court below can no longer be maintained.
3. In conclusion, the court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act on the ground of ex officio reversal, and it is so decided as follows.
[Judgment of the court below] The summary of the facts of crime and evidence is identical to that of the relevant column, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
On December 13, 2013, the judgment of the court below divided Nos. 1 and the defendant facts constituting a crime of the first instance.