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(영문) 대구지방법원 2015.12.11 2015노3760
사기등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for seven years.

For the defendant.

Reasons

1. The court below found the Defendant guilty of all the facts charged in the instant case and sentenced 7 years and 40 hours of imprisonment to the Defendant, and the Defendant filed an appeal on the grounds of mistake of facts, misunderstanding of legal principles, and unreasonable sentencing on the whole judgment of the court below on the grounds of unfair sentencing, and found the Defendant not guilty of coercion among the facts charged in the instant case and of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against Victims of the Victims L, and sentenced the Defendant to 6 years of imprisonment and 40 hours of attending education.

Accordingly, the Defendant filed an appeal against the conviction portion in the judgment of the party prior to remand, and the Supreme Court did not have any grounds for appeal against the Defendant’s conviction portion in the judgment prior to remand. However, the Defendant’s appeal against the conviction portion in the judgment prior to remand did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by exceeding the bounds of the principle of free evaluation of evidence in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act on the Punishment, etc. of Sexual Crimes) among the acquittal portion in the judgment prior to remand, thereby affecting the conclusion of the judgment. In so doing, the lower court reversed and remanded the judgment prior to remand on the grounds that, in so far as the conviction portion in the judgment prior to remand and the acquittal portion in the judgment prior to remand constitute concurrent crimes under the former part of Article 37 of the Criminal Act, the lower court reversed and remanded all of the judgment prior to remand.

2. Summary of grounds for appeal;

A. The 7-year imprisonment sentenced by the lower court is too unreasonable and unfair.

After remanding, the Defendant completely withdrawn the assertion of mistake and misapprehension of legal principles on the date of trial.

(b)a prosecutor;

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