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(영문) 서울북부지방법원 2018.07.06 2017노2273
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (a prison term of four months, one year of suspended execution, one year of community service work, 90 hours) is deemed to be too uneasible and unreasonable.

2. The lower court ex officio determined that the Defendant was deemed to have led to the confession of all the facts charged in the instant case, and determined and notified that the Defendant would be tried through a simple trial procedure, and found the Defendant guilty of the facts charged in the instant case

However, according to the records, the defendant, at the second trial of the court below, stated that "at the time of the trial of the court below, the defendant provided that "at the time of the trial, the defendant would be required to pay money to the victim in operating the Internet high-to-saw." However, the defendant did not lend the victim's voluntary payment of money after hearing his talk.

In such a case, the victim returned the money to the defendant himself after one week, and the defendant was already unable to return the money to the defendant for repayment of other obligations. This cannot be deemed to have led to the confession of the facts charged in the original judgment. Thus, the facts charged in the instant case does not fall under those subject to adjudication by a simple procedure of trial.

Therefore, the judgment of the court below that the court below decided to judge by simple procedure of trial in accordance with Article 286-3 of the Criminal Procedure Act at the third trial date is revoked, so the judgment of the court below cannot be maintained any more.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows.

[Grounds for the judgment below] The summary of facts constituting a crime and evidence recognized by this court is identical to the corresponding column of the judgment of the court below inasmuch as the summary of facts constituting a crime and the evidence is identical to that of the relevant column of the court below, except that the court below’s “1. Defendant’s legal statement” as “1. Defendant’s legal statement” in the summary of evidence.

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