(영문) 부산지방법원 2019.06.28 2019노699 | 리걸엔진

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Reasons

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(영문) 부산지방법원 2019.06.28 2019노699

사기

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All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the following: (a) the reason why Defendant A’s mistake of facts against the Defendants was impossible to repay the price of carbon to Defendant B; (b) the fact that the Defendants failed to make a consistent statement on the process of Defendant A’s disposal of carbon, and in particular, the credibility of the statement is insufficient; (c) the place where the victim supplied the first carbon was the Defendant’s warehouse; and (d) the Defendant A was released from the suppliers of carbon, the fact that the Defendants conspired to obtain the carbon from the victim is sufficiently recognized.

Nevertheless, the court of original judgment did not recognize the defendants' conspiracy relation, thereby pronounced innocence to the defendant A, and acquitted the part of the defendant's conspiracy with the defendant A among the facts charged against the defendant B. The court below erred by misapprehending the facts, thereby affecting the conclusion of the judgment.

B. The lower court’s sentence of unfair sentencing (eight months of imprisonment, two years of suspended execution, etc.) against Defendant B is too uneasible and unfair.

2. In a criminal trial for determining the mistake of facts against the Defendants, the burden of proving the facts charged is to be borne by the public prosecutor. The conviction of the Defendants should be based on the evidence with probative value sufficient for the judge to have the truth of the facts charged to the extent that there is no reasonable doubt.

Therefore, if there is no such evidence, even if there is doubt about the defendant's guilt, it is inevitable to determine it as the benefit of the defendant.

(See Supreme Court Decision 2015Do14858 Decided December 23, 2015 (see, e.g., Supreme Court Decision 2015Do14858, Dec. 23, 2015). In light of all the evidence, the lower court acquitted Defendant A of the part concerning the facts charged against Defendant A and the facts charged against Defendant B on the ground that there is no evidence to acknowledge that Defendant B was the party who engaged in teaching with the victim

The court below held.

유사 판례

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-서울고등법원 2017.08.25 2017노1394

-대전지방법원 2015.10.08 2014노3799