beta
(영문) 대구지방법원 2016.11.17 2016노3280

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Before determining the grounds for appeal by the Defendant and the prosecutor ex officio, prior to the determination of the grounds for appeal by the Defendant and the prosecutor, the prosecutor’s “from July 25, 2015” among the habitual larceny part of paragraph (1) of the facts charged in the instant case, as indicated in the following facts: (a) the prosecutor applied for the amendment of the indictment as of July 29, 2016; (b) on August 25, 2016, and August 29, 2016; (c) on the application for the amendment of the indictment as of November 8, 2016 at the trial; and (d) on the above application for the amendment of the indictment as of April 18, 2015, the court below’s order to revise the indictment as to “from July 25, 2015 to July 27, 2015; and (d) the court below’s order to revise the indictment as to “I” more than six days after the amendment of the indictment.

3. As such, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for ex officio reversal as above, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts constituting an offense and the gist of the evidence acknowledged by this court is as follows: (a) the facts constituting an offense from around July 25, 2015 to around July 25, 2015; (b) the “from around July 27, 2015” of the lower judgment; and (c) the three parallels “long on 13 occasions” of the same offense; (d) the lower court’s list I is deemed as the list I of the crimes committed; and (e) the summary of the evidence in the summary of the evidence.