(영문) 부산고등법원 2017.05.17 2016노739 | 리걸엔진

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(영문) 부산고등법원 2017.05.17 2016노739

특정경제범죄가중처벌등에관한법률위반(사기)

Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for six years, for one year and six months, and for three years, respectively.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) The victim’s statement that corresponds to the facts charged (the part against Defendant A and C and the part not guilty against Defendant B) is consistent with the main part, and the confession between Defendant B and U or the statement of AH also conform to the victim’s statement.

Various circumstances acknowledged by the evidence submitted by the prosecutor support the credibility of their statements.

On the other hand, the statements and arguments of Defendant A and Defendant C, which denies crimes, are inconsistent or inconsistent with those of them, and are not reasonable.

Even so, the lower court’s rejection of the credibility of the victim’s statement, Defendant B’s confession and testimony corresponding thereto, and acceptance of Defendant A and Defendant C’s assertion with no consistency and rationality, and found the Defendant not guilty of this part of the facts charged constitutes a serious mistake of fact.

2) Undue sentencing (the guilty part against Defendant B) sentenced by the lower court (six months of imprisonment) is deemed to be too uneasible and unfair.

B. The sentence sentenced by the court below is too unreasonable because it is too unreasonable to impose the sentence on Defendant B (the guilty part).

2. As to the prosecutor's assertion of mistake of facts

A. The lower court determined that the Defendant A and the Defendant C’s assertion that the victim’s statement was the only evidence that conforms to this part of the facts charged, and that the Defendant A and the Defendant C consistently asserted that they engaged in golf with the victim, and that the victim brought a dispute with golf rules with Defendant C, etc. while golfing with Defendant C, etc., and that they engaged in gambling with Defendant C, etc. after golf-friendly and Defendant C, etc., the lower court acquitted the victim of this part of the facts charged on the grounds that the victim’s statement is difficult to believe.

B. The above determination by the court below is not acceptable for the following reasons.

1) The lower court and the lower court.

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