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(영문) 대구지방법원 2016.06.22 2015노4655
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (five million won in penalty) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

Of the facts charged in the instant case, the prosecutor: (a) in the lower court, the land of the G orchard 1,635 square meters, part of the instant land, constituted land within the river area under the River Act; (b) however, the compensation plan was not determined at all because it was not subject to compensation; and (c) there was no fact that the notice of payment of compensation was sent.

“However, the fact,” which is part of the instant land, has been naturally cut into a river and used as a river. However, there was no specific compensation plan, such as the amount of compensation and the timing of compensation at the time of the instant sale, and there was no fact that the notice of payment of compensation was sent from the race-si, and the said H and I did not constitute the subject of compensation, and the appraised value of the instant land at the time of the auction in 2012 is merely 35,532,00 won, and the said G’s compensation would also be set at a similar level, and there was no plan to pay KRW 100 million compensation from the race-si within one year after the instant sale.

“Application for Amendments to Bill of Indictment was filed,” and the lower court permitted the amendment on the fourth trial date, and the subject of the adjudication was changed.

Even so, the lower court did not err by misapprehending this and stating the facts charged prior to the amendment as criminal facts, and thus, the lower court’s judgment was no longer able to be maintained.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal, and the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

(b).

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