logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.06.19 2015노254
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty imposed by the court below on the defendant (three million won of a fine) is too unreasonable.

2. According to the evidence duly adopted and examined by the court below and the court below on March 11, 2015, prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant was sentenced to imprisonment of one year and six months with prison labor for fraud, etc. at the Incheon District Court on March 11, 2015, and the judgment became final and conclusive on May 8, 2015. Since the crime in the judgment of the court below is in a concurrent relationship between the above judgment and the latter part of Article 37 of the Criminal Act, since the crime in the latter part of Article 39(1) of the Criminal Act has already become final and conclusive, a punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity and the case where a judgment is concurrently rendered pursuant to Article

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows, without examining the defendant's assertion of unfair sentencing.

Criminal facts

The summary of the facts of the crime and evidence recognized by this court is as follows: "The defendant was sentenced to imprisonment on March 11, 2015 with prison labor for fraud, etc. at the Incheon District Court on May 8, 2015, and the above judgment was finalized on May 201, 2015." The summary of the evidence is as stated in the first copy of the judgment of the court below, with the exception of adding "1. The above judgment was finalized on May 8, 2015." In the summary of the evidence, "1..............., the criminal records in the judgment: the result of the case search, each of the judgment [2014 High Court Decision 1758, 262 (Joint), 2796 (Joint), Incheon District Court Decision 2014No498, 205No480 (Joint), and 2015Do4500]

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes

arrow