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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 전주지방법원 2013.05.31 2012노1240
계량에관한법률위반등
Text

The part of the judgment of the court of first instance and the judgment of the court of second instance are reversed.

Defendant shall be punished by imprisonment with prison labor for not less than ten months.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding or misunderstanding of legal principles 1. A. of the judgment of the court below

Since the evidence of 37 parts and 5 parts of the list of crimes in the list of crimes Nos. 1, 37 and the evidence of 5 related to the order of seizure, the confession of the defendant cannot be admitted as evidence under Article 310 of the Criminal Procedure Act.

B. In light of all the sentencing conditions of unfair sentencing, each sentence of the original judgment (the first instance judgment: the imprisonment of 10 months, and the second instance judgment: the imprisonment of 6 months) is too unreasonable.

2. Determination

A. Determination 1 ex officio) The amendment of the indictment (the part against the defendant in the judgment of the court of first instance) was examined ex officio, and the prosecutor applied for the amendment of the indictment to omit 1. A. 6 through 12 from the list of crimes in the judgment of the court of first instance against the defendant in the judgment of the court of first instance. Since this court was changed upon permission, the part against the defendant in the judgment of the court of first instance can no longer be maintained. 2) The court of first instance sentenced the above judgment after a separate hearing against the defendant by ex officio. The court of first and second judgment made a decision to jointly examine the above appeal case, and the court of first and second judgment made a decision to jointly examine the above appeal case. Since each crime in the judgment of the court of first and second shall be a comprehensive crime against the defendant or concurrent crime in the former part of Article 37 of the Criminal Act, the court of first and second judgment shall be sentenced to a single punishment within the scope of punishment aggravated by concurrent crimes under Article 38(1) of the Criminal Act, the part against the defendant shall no longer be maintained.

B. The Defendant’s assertion of misunderstanding of facts or misapprehension of legal principles is still subject to a party member’s judgment, even if there are grounds for ex officio reversal in the judgment below.

Confession.

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