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(영문) 인천지방법원 2019.01.25 2017노2968 (1)
사기
Text

Of the judgment of the first instance, the part against Defendant A, the second judgment, and the third judgment against Defendant A, P, and R.

Reasons

1. Summary of grounds for appeal;

A. Defendant A and P (Defendant A: Imprisonment with prison labor of August of the first judgment; imprisonment with prison labor of the second judgment; imprisonment with prison labor of the third judgment; imprisonment of August of the third judgment; imprisonment with prison labor of the third judgment; imprisonment with prison labor of the third judgment; imprisonment with prison labor of the fourth and ten months) are too unreasonable.

B. Defendant R’s statement to the effect that, with regard to the part of acquittal in the judgment of the court of final judgment of the court of final judgment on the misunderstanding of facts, Defendant R was issued with a false Q’s resident registration certificate using Q Q’s resident registration certificate, while Defendant R obtained a certificate of the personal seal impression from Q and gave it to Defendant P was not reliable, and Defendant R did not directly obtain the above personal seal impression in relevant civil cases. (ii) Defendant P’s statement to the effect that the third instance court of unfair sentencing sentenced the Defendants [Defendant A: 8 months of imprisonment, Defendant P: 3 years of imprisonment, Defendant P: 1 year of imprisonment (two years of suspended sentence), and Defendant R] and the fourth instance court sentenced Defendant P to imprisonment with labor (one year of imprisonment with labor) is unreasonable.

2. Ex officio determination

A. We examine the part of the judgment below against Defendant A.

1. According to the records, the first and second instances served a writ of summons, etc. by public notice in accordance with Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and sentenced a judgment against the defendant A by conducting a trial in the absence of the defendant A. ② After which the defendant A filed an appeal against the first and second original judgments, and asserted that he was unaware of the fact that the defendant filed an appeal against the first and second original judgments, and filed an application for recovery of his right of appeal and the trial was being proceeded, and ③ The first and second instances recognized that the defendant was unable to file an appeal within the appeal period due to any cause not attributable to the defendant A

According to the above facts of recognition, the judgment of the first and second court on the ground that Defendant A was not responsible for failing to attend the trial of the court below.

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