(영문) 대구지방법원 2013.04.11 2013노463 | 리걸엔진

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(영문) 대구지방법원 2013.04.11 2013노463

상습사기

Text

The judgment of the court below is reversed.

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

Reasons

1. The gist of the grounds for appeal asserts that the Defendant asserts that the lower court’s imprisonment (one year of imprisonment) is too unreasonable.

2. Before determining the grounds for appeal by the prosecutor of the judgment, the records show that the defendant was deemed to have led to the confession of all the facts charged in this case, and the court below, after completing the examination of evidence in accordance with the method prescribed in Article 297-2 of the Criminal Procedure Act, found the evidence presented by the court below in accordance with Article 318-3 of the Criminal Procedure Act to be admissible, and found that all of the facts charged in this case

However, on November 22, 2012, the third trial date of the lower judgment, the Defendant made a statement on the fraud on November 22, 2012, that “The Defendant had already taken the Marine Corps’s ship and drinking in a state of drinking with a large number of the Marine Corps’s ship and drinking prior to the date of the third trial of the lower court.” As such, there is room to view that the Defendant denies the intent of fraud or asserts the reason for the exclusion of responsibility, the instant facts charged cannot be deemed to constitute a case where the instant case can be tried by the summary trial procedure.

For this reason, the lower court's decision that the trial court decided to refer to a summary trial procedure pursuant to Article 286-3 of the Criminal Procedure Act was revoked is no longer maintained.

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after oral argument.

Criminal facts

Since the criminal facts of the defendant recognized by this court are the same as the corresponding column of the judgment of the court below, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement on F, G, D, H, I, J, K, L, M, and N;

1. Each receipt, sales slip, or note;

1. Criminal records:

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