사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (6 months of imprisonment) against the Defendant is too unreasonable.
2. The lower court, ex officio, found the Defendant to have led to a confession of all the facts charged of the instant case, and determined and notified that the Defendant would be tried through a simple trial procedure, and found the Defendant guilty of all the facts charged of the instant case in accordance
On June 4, 2018, the Defendant and his defense counsel made a statement to the effect that all the facts charged of this case were recognized at the trial date of the original trial Nos. 1 and 2, but the Defendant presented a written opinion to the lower court on June 4, 2018, stating that “the Defendant did not have an spirit by drinking at the time of committing each fraud of 2018 J. 445,” and that the defense counsel of the lower court also made a statement to the effect that the Defendant requires treatment as alcohol addicts in the final pleading. The confession as to the facts charged of this case is not reliable.
Therefore, this Court revoked the order of the court below that decided to judge by simple procedure of trial pursuant to Article 286-3 of the Criminal Procedure Act and newly examined evidence, and thus, the judgment of the court below was no longer maintained.
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 again ruled as follows.
[Grounds for a new judgment] The facts constituting an offense and summary of the evidence recognized by the court and the summary of the evidence are as follows: (a) except as to “1. Defendant’s legal statement” as “1. Defendant’s legal statement” in the summary of the evidence, it is identical to each corresponding column of the judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act selecting a sentence, and Article 347 of the same Act.