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(영문) 수원지방법원 2020.10.30 2020노225
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., one year and six months) is too unreasonable.

2. We examine ex officio the defendant's assertion of unfair sentencing on the amendment of indictment.

In addition to the existing facts charged for the trial, the prosecutor shall not guilty part of the reasons for the judgment

1. An application for permission to amend a bill of indictment was filed to the effect that the contents stated in the summary of the facts charged are added to paragraph 6. This court permitted it and changed the subject matter of the judgment, and the additional facts charged should be sentenced to a single punishment in relation to the crime as stated in the judgment of the court below as a whole as it is related to the crime

3. As seen above, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed and it is again decided as follows.

[Discied reasoning of the judgment below] The summary of facts constituting an offense and evidence admitted by this court is identical to each corresponding column of the judgment below, except where the court below changed each “the defendant’s partial statement” from among the main points of evidence in the judgment below to the “court statement in the trial of the defendant,” and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 351 of the Criminal Act, Articles 351 and 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. From among the criminal records stated in the judgment below, each of the crimes referred to in the latter part of Articles 37, 39(1) (the Suwon District Court 2013 Gohap853, 2015Gohap328, 2015Gohap328, 2015Gohap406, and 2016Gohap20 of the Criminal Act, which was sentenced to three years of imprisonment, the part of innocence for the crime of habitual fraud in this case and the crime of the latter part of Article 37 of the Criminal Act; mutual relation between the crimes) of the Criminal Act;

1. The Defendant’s summary of the facts charged is Permitted-si around December 2016.

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