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(영문) 대전지방법원 2021.01.14 2020노3184

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (three years of imprisonment) is too unreasonable.

2. The lower court, ex officio, rendered a decision to judge the instant case in a simplified trial proceeding, and sentenced the Defendant to three years of imprisonment with prison labor, recognizing the Defendant as guilty of the facts charged.

Although the defendant made a statement that he had acknowledged the whole facts charged on the first trial date of the court below, he did not have any relation to the public offering from the beginning while making such statement.

The statement was made and the written opinion of counsel stated that the defendant was involved in the crime by gathering that the defendant was involved in the collection of defective credit at the time of partial crime among the facts charged in this case, and that the delivery was only made according to the direction.

This is the argument that there was no intention or conspiracy of the defendant at the time of crime, and is not subject to judgment by a simplified trial.

Therefore, as long as this court revokes the order of the court below that decided to judge in a simple trial procedure pursuant to Article 286-3 of the Criminal Procedure Act, the order of the court below can no longer be 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, and the judgment below is again reversed and it is so decided as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the gist of evidence is identical to that of each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347(1) and 30 of the Criminal Act for the crime of this case, Articles 352, 347(1), and 30 of the Criminal Act for the choice of punishment (the fraud point), the former part of Article 37, Article 38(1)2, and Article 62(1) of the Act on the Suspension of Execution of Article 50 for the crime of this case for the reason of sentencing under Article 62(1) of the Criminal Act for the aggravated punishment of imprisonment for concurrent crimes.