logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.09.18 2015노2164
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (one million won of a fine) imposed by the court below against the defendant is too unreasonable.

2. In a case where the confession of a defendant ex officio is the only evidence against him, it shall not be admitted as evidence of guilt. Thus, in a case where the defendant is found guilty of facts charged on the basis of the confession of the defendant without any supporting evidence, it shall be deemed that there is an error of law

(See Supreme Court Decision 2007Do7835 Decided November 29, 2007, etc.). Prior to the judgment on the grounds for appeal by the defendant, according to the evidence duly admitted and examined by the court below, the defendant made a confession in the court below that he had no intent or ability to pay the price at the shop operated by the victim, and that he had been provided with alcohol and alcohol equivalent to KRW 2.90,000,00,00,000,000,000,000,000,000,000,000, and 1.90,000,000,00,000, was later settled on the card, and the settlement was approved. Thus, there is no evidence to prove that the defendant did not have any intention or ability to pay the amount exceeding KRW 1.9,000,00,000,000,000,000,000.

Therefore, the lower court erred by misapprehending the legal principles on the evidence for the reinforcement of confession, thereby adversely affecting the conclusion of the judgment, and thus, the lower court’s judgment against the Defendant was no longer maintained.

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

arrow