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(영문) 부산지방법원 2013.12.19 2013노1902
사기
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. The judgment of the court below is erroneous in failing to state the matters to be stated in the criminal judgment in accordance with Article 323(1) of the Criminal Procedure Act on the ground that the court below merely stated the facts charged and evidence, and rejected the arguments of the defendant and his defense counsel and found the defendant guilty of the facts charged.

B. In the case of a misunderstanding of facts, the Defendant was guilty of the facts charged in this case by misunderstanding the fact that it was erroneous for the lower court to have erred in the misapprehension of the judgment, which affected the conclusion of the judgment by misunderstanding the fact that the Defendant was guilty of the facts charged in this case.

C. Even if not, the lower court’s sentencing (one year and four months of imprisonment) is too unreasonable.

Judgment

A. Article 323(1) of the Criminal Procedure Act provides that when a sentence is rendered on the grounds of the judgment, the facts to be committed, the summary of the evidence and the application of the law shall be clearly indicated in the reasoning of the judgment. Here, "a summary of the evidence" does not need to explain the grounds for recognizing a criminal facts by any part of the evidence, and it is only necessary to explain the important part of the evidence to the extent that it is recognized as a criminal facts by any evidence (see, e.g., Supreme Court Decision 9Do5312, Mar. 10, 200). Thus, the summary of evidence specified in the grounds for the judgment of conviction is indicated

It is just to state that “a statement or statement in compliance with a part of the trial facts” is “a statement or statement in accordance with the facts on the market,” and evidence summary

It cannot be deemed unlawful on the ground that the court did not provide more detailed statements.

Supreme Court Decision 93Do1969 Decided September 28, 1993 and Supreme Court Decision 23 February 2012

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