(영문) 대구지방법원 2013.04.02 2012노1923 | 리걸엔진

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(영문) 대구지방법원 2013.04.02 2012노1923

사기등

Text

The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. In so determining, the lower court erred by misapprehending the legal doctrine and thereby adversely affecting the conclusion of the judgment by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The lower court acquitted the Defendant of the facts charged regarding the forgery of private documents, the uttering of falsified investigation documents, false entry into public electronic records, and the exercise of false entry into public electronic records, etc. by misunderstanding of facts, by rejecting the statements of F and I with credibility (not guilty part of the lower judgment).

C. Considering the above circumstances, the sentence imposed by the lower court on the Defendant is excessively uneasible and unfair.

2. Determination

A. (1) The judgment of the court below regarding the guilty portion of the judgment of the court below became final and conclusive by the prosecutor ex officio, and the defendant applied for the amendment of a bill of amendment to the indictment as stated in the facts charged after the judgment of the court below, and this court permitted the amendment, and thus, the conviction portion of the judgment of the court below is no longer maintained.

However, the prosecutor's assertion of the misapprehension of the legal principles is still subject to the judgment of this court within the scope of the modified facts charged despite the above reasons for ex officio reversal.

(2) The proviso of Article 59(1) of the Criminal Act provides that the suspension of sentence cannot be rendered against a person who has been sentenced to suspension of qualification or more severe punishment.

According to the statement of reference to criminal records (Evidence No. 252) in this case, the defendant was sentenced to a suspended sentence of two years for the purpose of fraud at the Daegu District Court on September 18, 2007, and was sentenced to a suspended sentence of two years for the purpose of fraud, and confirmed on September 28, 2007.

In addition, the sentence shall be valid after the lapse of the grace period without the sentence being invalidated or revoked.

참조조문

-형법 제59조 제1항

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