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(영문) 서울중앙지방법원 2019.07.19 2019노1266
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

Nos. 1, 3 through 10, of seized evidence.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the first instance court (two years and six months of imprisonment, and confiscation) of the first instance court is too unreasonable.

(F) 2.2

Of the judgment of the court below 2), the fraud (victim D) in the judgment of the court below of the second instance did not have the intention to obtain fraud from the defendant, and there is an error of law by misunderstanding the facts or by misunderstanding the legal principles, which affected the conclusion of the judgment (the misunderstanding of facts or misunderstanding of legal principles) by 2 of the judgment of the court below (one year of imprisonment) is too unreasonable.

2. Ex officio determination

A. The first and second judgments were rendered against the Defendant, and the Defendant filed each appeal against them, and this court decided to hold a joint hearing of each appeal against the first and second judgments.

The first and second judgments of the court below against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act, so the judgment of the court below cannot be maintained as it is.

B. In addition, according to the records, the second court served a writ of summons, etc. by public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and served a trial in the absence of the defendant, and sentenced one year to imprisonment with prison labor for the defendant, and the defendant filed a petition for recovery of his right in the appeal against the second court judgment which became formally final and conclusive, and the second court recognized that the defendant was unable to appeal within the appeal period due to a cause not attributable to

Recognizing that there is no reason attributable to the Defendant who was unable to attend the trial proceedings of the second instance court, it is recognized that there is a ground for requesting a retrial under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (see, e.g., Supreme Court en banc Decision 2014Do17252, Jun. 25, 2015). Accordingly, this court is going to proceed with a new litigation procedure

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