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(영문) 울산지방법원 2020.06.11 2018노1359
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s punishment is too heavy.

The defendant's defense counsel asserted unfair sentencing only on the grounds of appeal on January 28, 2019 and on the first day of the trial of the court of first instance on May 8, 2019, and argued to the effect that all the facts charged are erroneous or misunderstanding of legal principles as to the whole of the facts charged. The defendant's aforementioned reversed argument is filed after the deadline for submitting the grounds of appeal. Thus, it does not constitute legitimate grounds of appeal.

However, the above assertion can be understood to urge the court to exercise its authority as stipulated in Article 364(2) of the Criminal Procedure Act. Thus, the above argument will be examined as follows.

B. The Prosecutor’s sentence is too minor.

2. Judgment ex officio (Changes in indictment) shall be deemed ex officio prior to the judgment on the grounds for appeal.

In the first instance of the trial, the prosecutor applied for the amendment of the indictment with the content that part of the facts charged in this case was changed as in the attached Form, and since this court permitted it, the judgment of the court below was no longer maintained.

3. Accordingly, the judgment of the court below is reversed without examining the defendant and the prosecutor's allegation of unfair sentencing, and the judgment below is reversed and it is decided as follows through pleading.

[Dao-written judgment] The criminal facts recognized by this court are recorded in the corresponding column of the judgment of the court, except for partial changes, such as the frequency of crimes, date of crimes, and amount of money acquired, as shown in the attached Form [including (1) and (2)].

Summary of Evidence

The judgment below

Summary of Evidence

Of them, “1. The witness D’s legal statement” is the same as the corresponding column of the judgment of the court below, except that the witness D’s legal statement is changed to “1. The witness D’s legal statement.”

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 of the Criminal Act for the treatment of concurrent crimes;

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