특정경제범죄가중처벌등에관한법률위반(사기)등
The guilty portion of the first judgment and the second judgment shall be reversed in entirety.
Defendant
A Judgment of the first instance is rendered.
1. Summary of grounds for appeal;
A. The name "defendant" is used only for the defendant who falls under each item of defendant A or below, and the remaining defendants are written only with their names.
1) In the first judgment of the court of first instance, the Defendant asserted a mistake of facts regarding the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), but withdrawn it by the statement of the final pleading on November 6, 2015 at the sixth trial of the court of first instance. A) Of the first judgment of the court of first instance, the Defendant violated the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) (collective
1) As stated in the preceding paragraph, although the name of the crime and the applicable provisions of the law were modified due to special violence in the trial, the defendant's assertion is maintained in the same manner, and there is no doubt about the defendant's personal injury against the defendant. Even if the defendant was in doubt, since he had a floor other than the victim'sO, it cannot be deemed that he carried dangerous articles and used them as a means of assault. Nevertheless, the judgment of the court below that recognized the defendant as having carried dangerous articles and used them as a means of assault, which affected the conclusion of the judgment, has no error of law by misunderstanding the facts, which affected the conclusion of the judgment.
Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged on the basis of the statement of B without credibility for holding the defendant liable, is erroneous and adversely affecting the conclusion of the judgment.
2) The punishment sentenced by each court below on unfair sentencing (the first judgment: imprisonment with prison labor for the crimes No. 1 as stated in the original judgment; imprisonment for the crimes No. 2, 3 and 4 as stated in the original judgment; imprisonment for one year and / the second judgment: imprisonment with prison labor for the crimes: 8 months) is too unreasonable. (B) The punishment sentenced by each court below on Defendant B (the first judgment: imprisonment with prison labor for three years: the second judgment of a court below: imprisonment with prison labor for two years is too unreasonable.
2. Determination
(a) A consolidated hearing of ex officio determination and changes in indictment by the court.