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(영문) 대구지방법원 2013.03.28 2013노401
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Of the facts charged in this case, the judgment of the court below is annexed.

Reasons

1. Summary of grounds for appeal;

A. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state of mental disability or mental disability.

B. The sentence imposed by the lower court (one year and two months of imprisonment) is too unreasonable.

2. Determination

A. Ex officio determination 1) We examine ex officio the crimes listed in the annexed Table 2 in the judgment of the court below. The summary of this part of the facts charged is as follows: “The defendant showed an attitude that he would normally pay the victim’s money within the U main point of operation of the victim V at permanent residence X on October 22, 2012, and ordered the victim with drinking and drinking. However, the defendant did not have an intent or ability to pay the money even if he was provided with drinking or drinking because he did not possess cash or valid credit card.” This is that the defendant was provided with alcoholic beverages and drinking, etc. equivalent to KRW 1.60,000 at the market price.” 2) Since the confession of the defendant cannot be admitted as evidence of guilt if the confession of the defendant was the only evidence against the defendant, if the defendant was found guilty on the basis of only the confession of the defendant without supporting evidence, it should be deemed that there was an error affecting the conclusion of the judgment in itself.

(see, e.g., Supreme Court Decision 2007Do7835, Nov. 29, 2007). Since substantive concurrent crimes are several crimes, reinforcement evidence for confession as to each crime should be required.

The court below found the defendant guilty of all the facts charged of this case including the above facts charged, and the court below did not find any supporting evidence for this part of the crime even after examining the evidence of conviction as well as other records.

Therefore, the judgment of the court below is affected by Article 310 of the Criminal Procedure Act, which recognizes the defendant's confession only without supporting evidence.

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