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(영문) 서울중앙지방법원 2016.10.13 2016노2685
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine on self-denunciation, thereby failing to reduce the number of the Defendants, even though the Defendant voluntarily surrendered to the police station after committing the crime.

B. The lower court’s sentence of unfair sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misapprehension of the legal principles, the number of self-denunciation is merely a ground for voluntary reduction of or exemption from punishment at the discretion of the judge, and thus, the defendant voluntarily surrendered.

Even if a person voluntarily surrenders to the police, the court is merely able to voluntarily reduce the punishment, and the court below did not reduce the number of persons voluntarily.

It shall not be deemed unlawful, even if the court did not render a judgment on the assertion for mitigation of a self-denunciation.

(See Supreme Court Decision 201Do12041 Decided December 22, 2011 (see, e.g., Supreme Court Decision 2011Do12041, Dec. 22, 2011). Therefore, the lower court did not err by misapprehending the legal doctrine solely on the ground that the

The defendant's above assertion is without merit.

B. As to the assertion on unreasonable sentencing, a self-denunciation under Article 52(1) of the Criminal Act is established when an offender voluntarily reports the criminal facts to an investigation agency and voluntarily expresses his/her intent to seek prosecution. As long as the number of self-determination is established, the effect of self-determination becomes conclusive, and the validity of self-determination becomes final and conclusive, and the same does not cease to exist once the offender denies the criminal in the investigation agency or the court. However, since the offender voluntarily reports the criminal facts to the government agency having the responsibility for the investigation and voluntarily seeks the disposition, making a statement on the criminal facts in response to an official questioning or investigation by the investigation agency is only a confession.

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