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(영문) 서울남부지방법원 2018.05.17 2017노2515
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles and mistake of facts, the Defendant asserted that only unfair sentencing was the ground for appeal at the first trial date on January 8, 2018, the first trial date on which the first trial was held, but the Defendant stated that, unlike the above statement on the second trial date, the second trial date after the lapse of the period for appeal, the Defendant asserted as the ground for appeal. However, although the Defendant stated that the attachment of the statement on the grounds of appeal submitted to this court on January 2, 2018, which was the first trial date prior to the first trial date, by comparing the documents submitted by the Defendant before and after the first trial date, the attachment of the statement on the grounds of appeal submitted to this court on January 2, 2018, stating that it is difficult to view that the Defendant’s statement at the first trial date was due to the error in legal assessment on the grounds for appeal, and solely based on such statement, the Defendant’s withdrawal of the allegation on the grounds for appeal as to the crime of deception on December 12, 2018.

Therefore, the defendant's misunderstanding of the facts or misapprehension of the legal principles is also deemed to be legitimate grounds for appeal, and it is to be judged thereon, and the defendant did not supply the goods due to price fluctuation in the process of normal execution of the business and did not have

The judgment of the court below which convicted the defendant is erroneous in the misapprehension of legal principles.

B. The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.

2. According to the reasoning of the Defendant’s appeal ex officio prior to the judgment on the grounds of appeal by authority, the Defendant’s oral statement, etc., the court of first instance on December 10, 2013, when the Seoul Southern District Court sentenced the Defendant to imprisonment for six months, suspension of execution two years, forfeiture, and additional collection for a violation of the Act on the Punishment of Acts, Including Commercial Sex Acts, Etc. (mediation of commercial sex acts) at the Seoul Southern District Court on December 10, 2013.

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