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(영문) 제주지방법원 2017.06.29 2017노189
상습사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the prosecutor examined the facts charged in the facts charged in the trial at the trial at the time of the trial at the time of the trial at the time of the trial at the time of the trial at the time of the trial at the time of the trial at the time of the public prosecutor, “The Defendant is engaged in as if he would pay the drinking value even though he did not have the intent or ability to pay the drinking value in the “T dan” operated by the victim S (V, 60 years of age) at the time of the proposal at around January 4, 2017, and received the total amount of KRW 200,000, including two weeks and

“Application for Amendments to Bill of Indictment added” was filed by this Court, and the subject of the adjudication was changed by this Court, and the judgment of the court below was no longer maintained as it is.

3. Therefore, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is so decided as follows.

【Judgment in 200,000 won in total, including two weeks, and one week, and two weeks, and two weeks, and one week, and two weeks, and two weeks, and one week, and the other party’s intent or ability to pay the drinking value, acquired property benefits equivalent to the same amount as the Defendant did not pay the drinking value on January 4, 2017, among the facts constituting the crime of the lower judgment.

In addition, “1. Defendant’s legal statement” in the summary of the evidence is “1. Defendant’s legal statement” and “1. C, G, and J respective damage statements” are as stated in each corresponding column of the lower judgment, except for addition of “1. C, G, and J statements” to “1. Victim’s Statements prepared by S,” and thus, criminal litigation law is applicable.

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