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The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
A defendant who misleads the gist of the grounds for appeal shall not have committed a crime as indicated in the original judgment.
The punishment of the court below (4 months of imprisonment) is too unreasonable.
Judgment
According to the evidence duly adopted by the court below and this court, the following facts are as follows: ① (1) of the facts charged in this case was NAV and the injured party by deceiving the injured party as if he sold his musical diskettes in the country; (2) the crime was committed on July 13, 2015 of the same method as the facts charged in this case; (3) the defendant's punishment stated to the effect that the deceased person was the defendant; (4) the defendant was sentenced to a summary order of KRW 300,000 (Seoul Central District Court Decision 2017Da1308) of the fine in this case; and (5) the summary order became final and conclusive without any objection of the defendant.
However, in full view of the following circumstances revealed by the above evidence, the facts acknowledged by the Defendant alone proved that the Defendant committed the same crime as indicated in the instant facts charged without any reasonable doubt.
It is difficult to see, and there is no other evidence to acknowledge it.
However, it is difficult to clearly identify who is a person in the image of the CCTV (in fact, 102 pages or less of investigation records) because it is not clear, and it seems that the defendant is similar to the driver's license photograph prior to the past. However, there seems to be evis different from the present shape of the defendant.
The Defendant asserted that the summary order had not been served directly on a separate case containing the same criminal act as the facts charged of the instant case, and that as a result, the summary order became final and conclusive because he did not raise any objection. As such, the amount of fine for the summary order is three hundred thousand won.