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(영문) 청주지방법원 2014.11.13 2014노460
사기등
Text

The judgment below

The part concerning the 1 and 6 crimes in the judgment shall be reversed.

The defendant shall be punished by imprisonment with prison labor for four months for the first crime.

Reasons

1. Summary of grounds for appeal;

A. There was no misunderstanding of facts that the defendant stolen money from the victim C or Z, nor acquired money from the victim F, I,O, T, AD, or AJ.

B. The sentence imposed by the lower court on the grounds that the sentence (i.e., the first and six crimes as indicated in the judgment of unfair sentencing: imprisonment with prison labor for six months; and (ii) imprisonment with prison labor for two years) is too unreasonable.

2. Determination

A. The victim's statement prepared by the assistant judicial police officer of the part concerning the crime No. 6 in the decision of the court is admissible as evidence only when the victim's statement is acknowledged by the statement of the person who has made the statement in the court pursuant to Article 313(1) of the Criminal Procedure Act, or when the person who needs to make a statement in the court (the victim is unable to make a statement due to death, disease, residence in a foreign country or any other reason and the statement is made under particularly reliable circumstances.

On the other hand, the protocol and documents in which the full-time statement or the full-time statement are recorded are inadmissible in principle in accordance with the provisions of Article 310-2 of the Criminal Procedure Act. However, the full-time statement is admissible in accordance with the provisions of Article 316(2) of the Criminal Procedure Act only when the person making the original statement is unable to make a statement due to death, illness, residence in a foreign country, or any other reason, and the statement is made under particularly reliable circumstances. The protocol and documents in which the full-time statement are recorded are admissible in accordance with the provisions of Articles 313 through 314 of the Criminal Procedure Act, as well as in cases where their admissibility can be recognized in accordance with the provisions

In addition, when "when the original person is unable to make a statement" under Articles 314 and 316 (2) of the Criminal Procedure Act, the original person made the statement in court, in addition to the explicitly enumerated reasons such as death and disease.

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