(영문) 의정부지방법원 2013.09.26 2013노852

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2013.09.26 2013노852

사기등

Text

The judgment of the court below is reversed.

The crimes of Article 1 of the judgment of the defendant shall be punished by imprisonment with prison labor for four months and Article 2 of the judgment.

Reasons

1. Summary of grounds for appeal;

A. The defendant did not receive money from the victims without the intention or ability to return money, but did not have a clear statement that he would sufficiently inform the victims of the risks arising from the pre-investment proceeds, guarantee the proceeds in a fixed interest rate, and the victims have invested in a separate judgment after directly checking the various situations before investment, and even if some victims have paid the proceeds or returned the investment funds, the court below found the victims guilty of all the charges, including such victims, of mistake of facts.

B. The lower court’s sentence of unreasonable sentencing (two years of total imprisonment) is too unreasonable.

2. Determination:

A. Prior to the judgment on the Defendant’s argument in the grounds of appeal ex officio, Article 323(1) of the Criminal Procedure Act provides that when a sentence is rendered, the facts to be committed in the reasons of the judgment, summary of evidence, and the application of statutes shall be clearly indicated. The lower court, on February 15, 2013, permitted the prosecutor’s application for changes of indictment on February 8, 2013 at the sixth trial date, and decided to change the attached list of crimes (2) to the attached list of crimes (2) attached to the written judgment (hereinafter “ modified list of crimes (2) attached to the written judgment (hereinafter “amended list of crimes”) bound by the changed list of crimes (2) without omitting the list of crimes (2) attached to the written indictment prior to the change, thereby citing the list of crimes (2) attached to the written indictment prior to the change, thereby affecting the conclusion of the judgment. Therefore, the lower judgment is no longer maintained in this respect.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for ex officio reversal.

B. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts.

참조조문

-형사소송법 제323조 제1항

유사 판례

-광주지방법원 2021.04.27 2020노3296

-서울동부지방법원 2020.01.09 2019노1075

-부산지방법원 2019.11.28 2019노2225

-인천지방법원 2015.11.13 2015노944

-서울중앙지방법원 2013.02.15 2012노4103