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(영문) 수원지방법원 2019.01.11 2018노2087
방문판매등에관한법률위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

1. The written opinion submitted on June 19, 2018 by the defense counsel of the defendant on the summary of the grounds for appeal includes misconception of facts and misapprehension of legal principles, but this is not a legitimate ground for appeal as a subsequent assertion after the deadline for filing the grounds for appeal.

The punishment of the court below (one year and six months of imprisonment) is too unreasonable.

2. The ex officio determination prosecutor applied for changes in the indictment of this case in exchange for the purpose of changing the indictment of this case, and the judgment of the court below cannot be maintained as it is because this court permitted changes in the indictment.

3. The judgment of the court below is based on the above reasons for ex officio reversal, and the judgment below is reversed under Article 364(2) of the Criminal Procedure Act, and the following is again decided after pleading.

【Reasons for the judgment of the court which was written in multiple times】 The facts constituting the crime acknowledged by the court of this case are as shown in the corresponding column of the judgment below, except for the case where the list of crimes attached to the judgment of the court below is changed into the list of crimes attached to the judgment of the court below as shown in the corresponding column of the judgment of the court below, and it is cited as it is in accordance with Article 369 of the Criminal Procedure Act in accordance with Article 369 of the Criminal Procedure Act, since the facts constituting the crime of this court is stated in the third 9 of the judgment of the court below.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning E and F;

1. Transactions between the T Bank (AR) and post office (AS) under the name of the suspect A (the details deposited at least one million won until September 26, 2017) and CCo-related account on October 14, 2017; and the details of receipt of additional investments on December 18, 2017;

1. Investigation report (in-house notice and output of the membership list), output of the integrated account for A transactions, each investigation report (in-house output), investigation report (B-relatedO output), investigation report (in-house copy of the suspect E office), investigation report (in-house copy of the record of seized articles in the suspect E office), investigation report (in-house report) and patent and utility model inventions registered in B, investigation report and investigation report.

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