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(영문) 수원지방법원 2016.05.11 2015노6116 (1)
사기
Text

The part of the judgment of the court of first instance against the defendant and the judgment of the court of second instance shall be reversed.

Defendant shall be punished by imprisonment for five years.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1’s assertion of misunderstanding of the facts as to each of the crimes in the judgment of the first instance court in the first instance judgment is merely an act of withdrawal under the direction from the total domestic responsibility called one-person BX, and is not a domestic total liability, the lower court convicted Defendant 1 of the facts charged in this case on the premise of the total domestic responsibility. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2) The Defendant alleged misunderstanding of the facts and misapprehension of the legal principles as to the crimes Nos. 1 and 3 of the judgment of the second instance as to the instant crime was related to “gambing site” at the time of the instant crime, and did not recognize that the instant crime was related to “sambing.” As such, the Defendant conspiredd to commit, or took part in, the commission of the commission of the commission of

Although it cannot be seen, the second instance court found the Defendant guilty of each of the facts charged, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

3) The sentence of the lower court No. 1 (a 4 years of imprisonment, confiscation) and the sentence of the lower court No. 2 (a 2 years and 6 months of imprisonment) are too unreasonable.

B. The first instance court’s sentence (4 years of imprisonment, confiscation) of the Prosecutor is too unhued and unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant and the prosecutor.

The judgment of the court below in the first and second instances rendered an appeal against the defendant, and the defendant filed an appeal against the judgment of the court below in the second and second instances, and this court decided to hold concurrent hearings of each of the above appeals cases, and each of the offenses of the judgment of the court in the first and second instances with the defendant in the first and second instances with the judgment of the court in the second and the second instances with the defendant in the concurrent relation with each of the offenses of the judgment of the court in the first and second instances with the former part of Article 37 of the Criminal Act, a single sentence shall be imposed in accordance with Article 38(1)

However, the defendant's assertion of mistake of facts and misapprehension of legal principles still exists in the court's ex officio reversal.

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