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(영문) 광주지방법원 2015.08.11 2015노423
사기등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. The Defendant did not procure the introduction and prepaid fraud by deceiving B and victims.

In addition, each police statement about W and V did not consent to use as evidence by the defendant, and it is not admissible as evidence because the person making the original statement has not taken an oath and has not testified in the original court.

Therefore, the judgment of the court below which found the defendant guilty on the grounds of the police statement of W and V, etc. is erroneous in misconception of facts.

B. The lower court’s sentence of unreasonable sentencing (excluding fraud as of February 21, 2014, 10 months of imprisonment, and 2 months of imprisonment for fraud as of February 21, 2014) is too unreasonable.

Judgment

A. 1) Determination of a mistake of fact-finding assertion 1) Except in cases where the entry of each police protocol on the admissibility of evidence in W and V is clearly erroneous, the entry in the protocol of trial in the protocol of trial in the protocol of trial shall be proved only by the protocol, and its probative value is absolute in that the defendant's opinion on the consent or authenticity of evidence submitted by the prosecutor is not permitted. Thus, in cases where the defendant's opinion is entered in the protocol of evidence in the protocol of evidence, the entry in the protocol of evidence shall have absolute probative value unless it is an obvious clerical error as part of the protocol of trial (see, e.g., Supreme Court Decision 98Do2890, Dec. 22, 1998). In addition, if the defendant consented to the entry in the protocol in which the prosecutor or senior judicial police officer made a statement against a person who is not a suspect as evidence, such protocol of evidence shall be admissible even if

According to the evidence list of the first instance court, which is part of the trial records of this case, the defendant consented to the use of each evidence of W/V prepared by the police as evidence during the sixth trial date of the first instance court.

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