(영문) 서울동부지방법원 2017.02.10 2016노1712

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2017.02.10 2016노1712

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

The gist of the Defendant’s appeal is as follows: (a) with respect to the fraud of KRW 15,427,860, the sum totaling KRW 5 through 69,00,00 in the list of crimes attached to the original decision, the Defendant did not have any fact using the physical card from the injured party; (b) the lower court erred by misapprehending the facts, thereby finding the Defendant guilty of all the charges of this case; and (c) even if not, the sentence of the lower court that sentenced the Defendant for six months of imprisonment is too unreasonable.

Before determining the above reasons for appeal, the court below ex officio examined the following facts: (a) pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, the court below served a copy of indictment and a writ of summons by serving public notice and tried in the absence of the defendant, and sentenced six months to imprisonment; (b) alleged that the defendant was unable to receive a copy of indictment, etc. while filing a petition for recovery of his/her right to appeal and was unaware of the fact that the judgment was pronounced; and (c) on the ground that the defendant was unable to file an appeal within the appeal period due to

If so, there is no reason to return to the court below's failure to attend the trial and there is a reason to request a retrial under the Special Act on the Promotion of Litigation, etc.

Since the judgment of the court below can no longer be maintained.

Therefore, the judgment of the court below is reversed ex officio pursuant to Articles 364(2) and 364(6) of the Criminal Procedure Act, and it is again decided as follows through pleadings such as a new examination of evidence.

[Re-written judgment] The criminal facts against the defendant recognized by this court are the same as the corresponding column of the judgment of the court below, and such criminal facts are cited in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

1. Statement by the defendant at court in some cases;

1. Legal statement made by the witness B of the trial court;

1. Written statements made by the police in relation to B.

유사 판례

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