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(영문) 서울고등법원 2019.05.31 2018노2454
배임등
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year.

, however, for two years from the date this judgment has become final.

Reasons

Summary of Grounds for Appeal

Defendant

A In light of the legal principles, C’s lien on E-building F does not exist, it cannot be deemed that the Defendant had a duty to occupy C’s E-building F for exercising C’s lien.

The sentence of unfair sentencing (two years of suspended execution in August, and additional collection) by the court below is too unreasonable.

Defendant

B (Indual Undue Practices) The sentence of the court below (two years of suspended sentence in August) is too unreasonable.

At the time the prosecutor (legal scenario) Defendant A transferred the E-building F to Defendant B, C had a lien on the E-building F.

We examine ex officio prior to the judgment on the grounds for appeal ex officio.

The prosecutor applied for amendments to Bill of Indictment with the content that the facts charged are selectively changed at the trial time, and this court permitted it and changed the object of the judgment.

The judgment of the court below that found the above facts charged subject to a trial only at the trial court guilty as follows was no longer maintained.

In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the judgment of the defendants and the prosecutor about the grounds for appeal, and the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, so long as the court below found the defendant guilty of the selective charges subject to the trial only at the trial.

【The reason for the judgment in writing】 The facts charged against the actual Defendants of the crime were partly corrected or revised according to the facts obtained through the examination of evidence without any changes in the indictment process to the extent that it does not disadvantage the Defendants’ exercise of their right to defense.

1. On the basis of the facts, C Co., Ltd. operated by the injured party G shall perform tin construction works among the new construction works of building E in Boyang-gu, Boyang-gu, the J Co., Ltd. operated by Defendant B.

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