(영문) 청주지방법원 2015.04.02 2015노65 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2015.04.02 2015노65

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Despite the omission of two pages of the indictments submitted to the lower court on the instant facts charged, the lower court determined that the public prosecution was lawful on the basis of the duplicate of the indictment served by the Defendant and his defense counsel.

This judgment of the court below is not illegal in relation to the principle of the principle of the bad faith.

However, the defendant and his defense counsel served a copy of the indictment in which no page is omitted, and did not interfere with the specificness of the facts charged and the exercise of the right to defense. Since the defendant and his defense counsel changed the indictment including the page in which the prosecutor was omitted, the facts charged in the omitted page are also deemed to be included in the subject of adjudication from the court below.

Among them, the Court rendered a verdict of not guilty on the grounds of the fraud of the borrowed money between July 21, 2012 and June 26, 2013, by finding the Defendant guilty of the fraud of the borrowed money after July 1, 2013.

On the other hand, only the defendant appealed on the guilty part of the judgment of the court below on the ground of mistake and unreasonable sentencing.

The judgment below

The acquittal portion of the reason was transferred to the trial on July 1, 2013 as well as the guilty portion of the fraud of the borrowed money after July 1, 2013.

However, among the judgment of the court below, a prosecutor did not appeal against the acquittal part of the reasons in the judgment of the court below and did not appeal against it, and the above part is not subject to the examination and judgment of this court by escaping from the object

Therefore, this Court decides that the judgment of the court below is not guilty and that the judgment of the court below is not guilty.

2. Summary of grounds for appeal;

A. The Defendant of mistake of facts is unable to do so in school without law, and money is paid to the victim with the right of lecture of the victim in the number of days.

유사 판례

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