(영문) 부산지방법원 2013.07.26 2013노462 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 부산지방법원 2013.07.26 2013노462

사기등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

1. Summary of grounds for appeal;

A. In the event of mistake of facts (as to the judgment of the court of first instance), the Defendant repaid the payment of the bank card price and arrears against the national bank obligations whenever money is paid, and it cannot be deemed that there was an intention to obtain money through deception.

Nevertheless, the judgment of the court of first instance which found all of the facts charged of this case guilty is erroneous in misconception of facts.

B. Each sentence of the lower judgment on unreasonable sentencing (the first instance judgment: imprisonment with prison labor for four years, and imprisonment with prison labor for one year) is too unreasonable.

2. The case of the judgment of the court below Nos. 1 and 2 was merged with the case of the court below for the first time, and each of the crimes committed by the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and the party members determined that it is reasonable to sentence one punishment for each of the crimes above in accordance with Article 38(1)2 of the Criminal Act. Thus, the judgment of the court below is no longer maintained at this point.

3. Although the judgment of the court of first instance on the assertion of mistake of facts had a ground for ex officio reversal, the defendant's assertion of mistake of facts is still subject to the judgment of the court of first instance, so there is no evidence to acknowledge that there was no reason to suspect the voluntariness of confession, and there is no other objective circumstance to reverse it in the appellate court. Thus, this part of the defendant's assertion is rejected.

4. According to the conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and it is decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 347 (1), 231, and 234 of the Criminal Act applicable to the facts constituting an offense;

1. Selection of penalty:

참조조문

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