(영문) 부산고등법원 2017.07.12 2017노120 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산고등법원 2017.07.12 2017노120

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

When an appeal is filed against the judgment of conviction (excluding the part of an application for compensation order) of the lower court.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s punishment of the lower court (three years of imprisonment) is too unreasonable.

B. Prosecutor 1) Fact-finding [1] The part concerning the fraud of KRW 150,00,000 among the fraud of KRW 250,000,00,000 on June 14, 2015, which was attached to the indictment against the victim G 4 times more than 250,000,000] The victim G (hereinafter “victim”) was deceiving the Defendant as to this part of the charges, and granted KRW 250,00,000 to the Defendant with loans of KRW 150,00,000,000 on the part of the Defendant’s loans of KRW 150,00,00,000 on the part of the above 250,000,000 on the grounds that there was no property damage, the lower court erred by misapprehending the legal principles or misapprehending the legal principles.

2) The lower court’s sentence that is unfair (public prosecutor) is too unhued and unreasonable.

2. Determination

A. The lower court rendered a judgment not guilty in the past, on the ground that there was no proof of each crime as to the 1,00,000 won out of the fraud of KRW 5,00,000 among the frauds of KRW 30,000 on April 3, 2015 and KRW 5 again on August 18, 2015, and the 1,000,000 among the frauds of KRW 5,00,000 on August 18, 2015, the lower court found the victim guilty of the rest of the frauds against the victim with each of the above separate crimes.

Therefore, the part of acquittal on each of the above reasons was brought to the trial of the defendant and the prosecutor due to the lack of an appeal, but was exempted from the object of public defense by both parties, and thus, it is excluded from the scope of the trial of the party (i.e., the trial of the court below is to follow the conclusion of the court below without any separate judgment as to the acquittal on each of the above reasons). (ii) The prosecutor’s assertion of mistake on the facts admitted 1) based on the evidence duly admitted and investigated by the court below, the following facts are acknowledged

A) On March 21, 2014, the Defendant is present at the net time in the list of crimes attached to the indictment of around March 21, 2014.

유사 판례

-광주고등법원 2016.09.28 2016노196

-대구지방법원 2018.04.27 2017노4640

-서울고등법원 2018.11.08 2018노1348

-의정부지방법원 2016.05.10 2016노134

-대구지방법원 2016.07.07 2015노1049