(영문) 서울서부지방법원 2016.11.10 2016노61

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(영문) 서울서부지방법원 2016.11.10 2016노61

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) The instant crime constitutes a crime subject to victim’s complaint due to a misunderstanding of facts or misapprehension of legal principles. Since the victim’s accusation was submitted after the lapse of the filing period, the instant indictment is unlawful.

Nevertheless, there is an error in the misapprehension of legal principles in the judgment of the court below that pronounced guilty on the defendant.

(2) The victim reported the defendant who is difficult to stand as the guaranteed obligation and directly prepared the joint and several sureties letter, not the joint and several sureties by deceiving the defendant.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous in the misapprehension of legal principles.

B. The lower court’s determination on the grounds of unreasonable sentencing is too unreasonable.

2. Determination

A. (1) The main text of Article 230(1) of the Criminal Procedure Act provides that "no complaint shall be filed after the lapse of six months from the date on which a person becomes aware of an offender in relation to a crime subject to victim's complaint" shall be deemed to mean that the person having the right to file a complaint becomes aware of the crime and the offender to the extent that the person having the right to file a complaint can file a complaint, and that the fact that the person having the right to file a complaint is aware of the fact that the person having the right to file a complaint has a conclusive perception of the fact that the

In full view of the following circumstances revealed in the records and pleadings, the victim appears to have had a conclusive perception of facts that there was damage caused by fraud, such as the facts charged, before or after the instant complaint was filed, and thus, the Defendant’s complaint period map and argument are rejected.

The victim is likely to have tried to make the horses of the defendant, who is a punishment father, the most reliable.

참조조문

-형사소송법 제230조 제1항

참조판례

-대법원 2010. 7. 15. 선고 2010도4680 판결

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