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(영문) 대전지방법원 2019.06.13 2019노514
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts: The Defendant did not deceiving the victims, and had the intent and ability to repay money from the victims.

B. Unreasonable sentencing: The sentence of the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. 1) In determining the credibility of a statement made by a victim, etc. supporting the facts charged, the court shall not without permission dismiss the defendant's assertion that the witness's statement, including the victim, conforms to the rationality, logic, and rule of experience, or conforms to the witness evidence or third party's statement in the open court after taking an oath before a judge, taking into account all the circumstances that make it difficult to record in the witness examination protocol, such as the appearance and attitude of the witness who appears in the witness statement in the open court, and the penology of the statement, etc., and where the statement made by the witness, including the victim, conforms to the facts charged, it shall not be dismissed without permission, unless there are any other evidentiary materials that can be objectively deemed to have been objectively reliable (see, e.g., Supreme Court Decisions 2012Do2631, Jun. 28, 2012; 2015Do7423, Nov. 12, 2015).

The circumstances properly explained by the court below are recognized according to the evidence duly adopted and examined by the court below and the court below.

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