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(영문) 제주지방법원 2019.08.13 2019노236
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the event that there is no fact that the defendant remitted money to AH by deceiving the victims to the account opened in the name of the defendant at the home of AH, AH demands the defendant to make a false statement by using the fact that the defendant's intellectual level is lower, and the defendant would not take into account the appointment and agreement of counsel in the event of a problem, and the defendant made a false confession at the investigation process and the court below. The court below erred in the misapprehension of the facts, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. 1) Determination of the assertion of mistake of facts ought to be made by taking into account all the circumstances, including whether the content of a confession statement itself is objectively reasonable, what is the motive or reason for the confession, what is the background leading up to the confession, and whether there is any conflict or inconsistency with the confession among circumstantial evidence other than the confessions. Furthermore, in a case where the defendant consistently led to the confession from the investigative agency to the trial date, and reversed his/her own confession from a certain trial date, in addition, considering the credibility of the confession statement, the motive, reason, and circumstance leading up to the reversal of the confession shall be examined, along with the motive, reason, and circumstance leading up to the reversal of the confession in light of the statements made by the investigative agency and the contents of the statement made after the confession (see Supreme Court Decision 2015Do17869, Oct. 13, 2016). In addition, reinforcement evidence of confession is not the confession of the defendant, even if the whole or essential part of the facts constituting an offense can be acknowledged.

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