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(영문) 제주지방법원 2019.11.21 2019노596

상습사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Before the judgment on the grounds for appeal ex officio, the prosecutor applied for changes in the indictment of the court below in the first instance on February 10, 2019 in the indictment of the court below. The prosecutor ordered that "the defendant would like to pay the drinking value in a normal manner even if he did not have the intent or ability to pay the drinking value in the "U" operated by the victim T in Seopopo City on February 10, 2019, and ordered that he would pay the drinking value in a normal manner, and that he would be provided with two diseases, etc. in total amount of 2.80,000 won from the victim and did not pay the price." Since the court changed the subject of the judgment by permitting it, the judgment of the court below could no longer be maintained.

[The res judicata effect of a part of a habitual offender who is in the relation of a comprehensive crime shall be limited to other parts that are not subject to adjudication in reality, and such changes in indictment do not harm the identity of the facts charged by adding other parts of the indictment in which part of the habitual offender is written (see Supreme Court Decision 87Do101, 87Do92, Jul. 21, 1987). Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again determined after pleading as follows.

【The reason for the judgment of multiple times】 The criminal defendant is punished by a fine of KRW 300,00,000 as a criminal offense at the Jeju District Court on November 14, 2008; the same court on March 5, 2009; the fine of KRW 300,000,000 as a criminal offense on April 1, 2009; the same court on September 4, 2009; the fine of KRW 1,00,000 as a criminal offense; the same court on January 13, 2010; and the fine of KRW 5,00,000 as a criminal offense at the same court on August 9, 2010.