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(영문) 수원지방법원 2014.05.01 2014노1350

상습사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. Summary of grounds for appeal;

A. In light of the overall sentencing conditions of the Defendant, the lower court’s imprisonment (one year and six months of imprisonment) is too unreasonable.

B. In light of all of the sentencing conditions of the Prosecutor’s instant case, the lower court’s sentence is too uneasible and unreasonable.

2. Prior to the judgment on the grounds of appeal by both ex officio, the prosecutor corrected the lower court’s judgment on the instant facts charged that “the prosecutor received a total of KRW 165,628,542 won from six victims on a total of 17 occasions,” and applied for permission to amend the indictment to change the list of crimes in the attached Form No. 186,928,542 to the list of crimes attached to this judgment. Since this court permitted this, the lower court’s judgment, which was the premise of the initial indictment, was no longer maintained.

3. If so, the judgment of the court below is reversed under Article 364(2) and (6) of the Criminal Procedure Act without examining the two parties’ assertion of unfair sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.

[C] The criminal facts against the defendant recognized by the court in light of the summary of the criminal facts and evidence and the summary of the evidence are stated in the judgment of the court below, with the exception that "the defendant received a total of KRW 165,628,542 won from six victims 17 times in total over 18 times in total," and "the defendant received a total of KRW 186,928,542 from 7 victims 18 times in total" was changed to the list of crimes attached to the judgment of the court below, and the summary of the evidence attached to the judgment of the court below is changed to the list of crimes attached to this judgment." The summary of the evidence of the judgment of the court below is "the statement of 1.5 preparation of the judicial police assistant," "the statement of statement of V prepared by the judicial police assistant," the statement of 1.1. contents of the contract, and