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(영문) 수원지방법원 2014.08.28 2014노2985
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The lower court’s punishment (two months of imprisonment, two years of suspended execution, two years of forfeiture) against the Defendant as to the summary of the grounds for appeal is deemed as undue.

2. Ex officio determination: (a) the stolen and seized articles, the reason for which return to the victim is apparent, must be returned to the victim by judgment (Article 33(1) of the Criminal Procedure Act); (b) the articles provided or intended to be provided for a criminal act; (c) the articles produced or acquired by a criminal act or any articles acquired by a person other than the criminal, are subject to confiscation if they do not belong to the ownership of a person other than the criminal, or they are knowingly acquired by a person other than the criminal after the crime (Article 48(1) of the Criminal Procedure Act). According to the evidence duly adopted and examined by the court below, 380 copies (No. 481, No. 481, No. 1, No. 2014, No. 2014, No. 481, May 1, 2014) are the stolen articles of the instant fraud, and there is no other reason for which return to the victim F, and thus, the court below did not have any relation to the crime of this case by day before the day of confiscation.

Therefore, since such illegality affected the judgment, the judgment of the court below is no longer maintained in this respect.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's assertion of unfair sentencing, and it is again decided as follows after hearing.

Criminal facts

The substance of the facts charged and the summary of the evidence recognized by the court.

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