(영문) 서울동부지방법원 2014.11.27 2014노1230

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2014.11.27 2014노1230

상습사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the prosecutor changed the lower court’s judgment into “the amount of KRW 2,179,000 in total eight times from that time to March 30, 2014” from the lower court of the instant charges to “the amount of KRW 3,308,000 in total from April 17, 2012 to March 30, 2014,” and applied for permission of changes in the list of crimes attached to this judgment to the list of crimes attached to this judgment. Since this court permitted this, the lower court’s original indictment was no longer maintained.

3. If so, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged against the defendant recognized by this court and the summary of the evidence are as follows: "Receipt of a total of KRW 2,179,000 in eight times from that time to March 30, 2014," in the facts charged of the lower judgment, "it received a total of KRW 3,308,000 in total from April 17, 2012 to March 30, 2014, as shown in the annexed crime list, from April 17, 2012 to March 30, 2014." The summary of the evidence of the lower judgment is changed to the annexed crime list attached to this judgment, and the summary of the evidence of the lower judgment is changed to the annexed crime list attached to this judgment, and the summary of the evidence of the lower judgment is changed to the Defendant's trial statement in

1. Each police statement of N,O, or P;

1. A statement of Qua,

1.The petition for accusation,O, Q and P. Each petition;

1. Each text message, a copy of a deposit passbook, and the detailed contents by transaction, respectively;

참조조문

-형사소송법 제364조 제2항

유사 판례

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