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(영문) 부산지방법원 2017.12.08 2017노1605
사기등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 6 million won.

The defendant does not pay the above fine.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable and unfair (the defendant submitted a statement of the grounds for appeal stating the misunderstanding of facts and misapprehension of legal principles as to each crime as stated in the judgment of the court below on October 31, 2017, and the defendant mistakens, misunderstanding of legal principles, and misunderstanding of facts as to each crime as stated in the judgment of the court below on October 31, 2017, and stated unfair sentencing at the trial date of the first trial of the court, but the above statement of the grounds for appeal (Supplement) was submitted after 20 days from the date the defendant received the notice of receipt of court records from the date of receipt of the defendant's notice of the court records (as of June 30, 2017). Even if the defendant or defense counsel makes a statement in the court of appeal that is not included in the grounds for appeal, there is grounds for appeal as alleged in the statement in the appellate court.

Therefore, it cannot be seen (see Supreme Court Decision 2002Do167, Feb. 26, 2002). Ultimately, the grounds for appeal by the defendant are limited to the unfair argument of sentencing as stated in the reason for appeal by the defendant on July 17, 2017). 2. We examine the grounds for appeal by authority prior to the judgment on the grounds for appeal by authority.

With respect to the grounds for ex officio investigation, the court of appeals shall judge without any need to examine whether the grounds for appeal are submitted if the appeal is lawful, or whether the grounds for appeal are included in the statement of reasons for appeal. However, with respect to those other than the grounds for ex officio investigation, it shall be limited to cases where it is stated in the petition of appeal or is included in the statement of reasons for appeal submitted within the prescribed period, and even if it is not exceptionally included in the reason for appeal, which affected the conclusion of the judgment, it may be tried ex officio (see Supreme Court Decision 2006Do88, May 31, 2007). The summary of this part of the facts charged in the judgment of the court below is that the health stand, and the summary of this part of the facts charged in the judgment of the court below.

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