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(영문) 부산고등법원 2015.10.21 2015노497
특정경제범죄가중처벌등에관한법률위반(사기)방조등
Text

Defendant

All A and prosecutor appeals are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court’s sentence against Defendant A (an unreasonable sentencing on the guilty portion of the lower judgment) on Defendant A (two years of suspended sentence in one year and six months of imprisonment) is too unreasonable.

B. A prosecutor (misunderstanding of facts as to the acquittal portion of the lower judgment and misunderstanding of legal principles) recognized that the Defendants received the prosecutor’s investigation and recognized that “the Defendants made a statement that they would bring an accusation to the National Tax Service,” and the victim N consistently made a consistent statement from the investigative agency to the court of the lower court that the Defendants would bring an accusation to the National Tax Service.” In addition, the statement and testimony made in the relevant criminal case by the victim N was in the state of having no direct interest, and the above victim N was more reliable than the testimony made in the lower court that was highly likely to reverse because there was concern about retaliation that the said victim would have received from the Defendants due to the outcome of the said trial, and even if the Defendants received the reasonable settlement amount from the victim, it would be beyond the extent and scope permitted by social norms.

3) Ultimately, the judgment of the court below which acquitted the Defendants of the violation of the Punishment of Violences, etc. Act (the point of joint attack and the perjury of February 1, 2013 against the Defendants is found guilty, but the judgment of the court below which acquitted the Defendants of the facts or erred by misapprehending the legal principles.

2. Judgment on the prosecutor's misconception of facts and misapprehension of legal principles

A. The lower court’s judgment 1) among the facts charged in the instant case, there were L’s statements and N’s related cases, i.e., evidence that corresponds to the violation of the Punishment of Violences, etc. Act (the point of joint attack and the charge of perjury against Defendant B, February 1, 2013), but L’s statements are based on N’s above statement and eventually, N’s above statement.

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