(영문) 인천지방법원 2018.11.30 2017노4518 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2018.11.30 2017노4518

사기미수

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) The Defendant’s assertion in the litigation, such as the fact-finding and the fact-finding stated in the judgment of the court below, is not objectively clear, and there was no intention to deceive the court.

2) The sentence of the lower court’s unfair sentencing (one year of imprisonment (two years of suspended execution) and one hundred and twenty hours of community service) is too unreasonable.

B. Prosecutor 1) The sentence of the lower court against Defendant A, who was unjustly sentenced to the sentencing of Defendant A, is too uncomfortable.

2) According to the evidence submitted by the prosecutor as to Defendant B, the fact that Defendant B conspired with Defendant A to commit the crime of fraud can be sufficiently recognized, as stated in this part of the facts charged.

2. Judgment on Defendant A

A. 1) In the event an appellate court’s judgment on the lower court’s assertion of misunderstanding of facts and misapprehension of legal principles intends to re-examine the first instance judgment and ex post facto and reverse the first instance judgment even though there was no new objective reason that could affect the formation of a conviction in the process of the trial, there is a reasonable ground to deem that the first instance judgment was clearly erroneous or that the argument leading to the acknowledgement of facts violates logical and empirical rules, etc., and there is no need to reverse without any such exceptional circumstance the first instance judgment on the acknowledgement of facts in the first instance judgment without permission (Supreme Court Decision 2016Do18031 Decided March 22, 2017). There is no objective reason that could affect the formation of a new conviction in the trial, and there is no reasonable ground to view that the lower court maintained the first instance judgment by lawfully adopting the evidence and the reasoning of the lower judgment as it is, in light of the duly examined evidence and the content of the lower judgment.

except that the following judgments shall be added:

(ii)..

참조판례

-대법원 2017. 3. 22. 선고 2016도18031 판결

유사 판례

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