(영문) 수원지방법원 2019.10.25 2019노4187 | 리걸엔진

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2019.10.25 2019노4187

사기등

Text

The judgment below

Part of innocence and parts against Defendant B, C, D, and I shall be reversed, respectively.

Defendant

B, C, D, and I respectively.

Reasons

1. Summary of grounds for appeal;

A. Defendant B, C, D, and I (an unfair form of punishment) of the lower court is too unreasonable. The respective sentences of the lower court (eight months of imprisonment, respectively) are too unreasonable.

B. A prosecutor 1) The court below's sentence of unfair sentencing (with respect to Defendant D) is unfair because it is too uneasible and unfair.2) According to the evidence submitted by the prosecutor, the prosecutor submitted a mistake of facts (with respect to Defendant N's acquittal portion). Although Defendant N conspired with R, etc. as stated in this part of the facts charged, the court below acquitted Defendant on the ground that it is difficult to see that the Defendant conspired with R, etc., on the ground that it is difficult to see that the Defendant conspired with R, etc..,

2. Alteration of the indictment (additional charges in addition to the facts charged) - The prosecutor of the non-guilty portion of the defendant N shall keep the facts of violation of the Special Act on Insurance Fraud Prevention against the defendant N, which the court below acquitted, as his primary charges, and applied for the amendment of the indictment to add the following facts to the ancillary charges of the Special Act on Insurance Fraud Prevention, and the subject of the judgment was added by this court upon permission.

However, as seen below, inasmuch as the court rendered a not guilty verdict as to the primary facts charged together with the judgment of the court below, but it found the Defendant guilty of the facts charged added in preliminary, the part of the judgment of the court below that only the previous primary facts charged cannot be maintained.

However, despite the above reasons for ex officio destruction, the prosecutor's assertion of mistake of facts concerning the primary facts charged is still subject to the judgment of this court, and this is examined.

3. Judgment on the prosecutor's assertion of mistake of facts

A. The summary of this part of the facts charged against Defendant N is as shown in [Attachment 1] No. 15].

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