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(영문) 부산고등법원 2013.04.25 2013노125

특정범죄가중처벌등에관한법률위반(영리약취ㆍ유인등)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the judgment of the court below, the legal statement of the witness M of the court below and the statement of the police in mistake of facts concerning the part not guilty against the defendant was made by the defendant and his wife at the time when he was to be the employee of the defendant, "the rest of the victim's monthly wages shall be paid when he retires from installment savings." In light of the overall contents of M's legal statement, it is admissible since the statement was made under particularly reliable circumstances.

Although the court below's rejection of each of the above evidences as inadmissible, there is an error of law by misunderstanding the legal principles on admissibility of hearsay evidence.

(2) According to the victim's statement, although the court below rejected the probative value of the victim's statement and accepted only the defendant's statement and acquitted the victim about the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) and the fraud, it erred in the misapprehension of facts.

B. The sentence of imprisonment (two years of imprisonment, three years of suspended execution, probation, 200 hours of community service and 40 hours of lecture) imposed by the court below on the grounds that the sentence of unfair sentencing is too uneasible and unfair.

2. Determination

A. The court statement and the police statement of the court below, which stated the defendant's statement or the statement of the court below that "A will be paid at the time of retirement" from the defendant, which stated that "A will be paid at the time of retirement in the rest of the C's monthly installment savings," is a protocol of the full-time or full-time statement of the defendant's statement under Article 316 (1) of the Criminal Procedure Act. The defendant's statement is under particularly reliable circumstances.