logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2017.03.23 2016노686
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal is too unreasonable since the sentence imposed by the court below (one year and six months, additional collection 12.1 million won) on the defendant is too unreasonable (the defendant alleged as the grounds for appeal by misunderstanding the legal principles on the part of the crime of taking property in breach of trust as originally stated in the court below. However, as seen in the following Paragraph 2, misunderstanding of legal principles has been withdrawn at the third hearing date of the court below where the amendment of indictment was made, and only the case of unfair sentencing has been alleged as the grounds for appeal, no separate determination is made on the grounds of misunderstanding of legal principles is made.). 2. Prior to the determination of the defendant's grounds for appeal (unfair sentencing), prior to the judgment on the third hearing date of the court below, the prosecutor examined ex officio prior to the determination of the defendant's grounds for appeal, and Paragraph 1 of this Article on the original facts charged against the defendant (i.e.,, 00 won and fraudulent crimes that the defendant jointly committed with the co-defendant B of the court below, which changed the original facts charged to 200.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal (unfair sentencing) by the defendant, on the ground that the above grounds for reversal are reversed ex officio, and the judgment below is reversed and it is again decided as follows.

【Grounds for another judgment】 The victim N Co., Ltd. of criminal facts (hereinafter “victim”) is a corporation established for the purpose of real estate development, etc., and the removal of “ Q”, which is an existing building, on the premises of Busan City/Gu O and P.

arrow