logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2021.02.16 2020노2901
사기등
Text

Of the judgment of the court below No. 1 and 2 and the judgment of the court below No. 3, the part concerning the defendant and the judgment of the court below No. 4.

Reasons

1. Summary of grounds for appeal;

A. The determination of the Defendant’s punishment (unfair sentencing: 1 year of imprisonment; 6 months of imprisonment; and 3 months of imprisonment: 2 months; and 4 months of imprisonment; and 8 months of imprisonment) is unreasonable.

B. The determination of the first and third original convictions in the prosecutor’s (unfair sentencing) is unreasonable.

2. In the judgment of ex officio, the crimes of the first, second, third, and fourth of the judgment of the court below, each of the crimes of the Defendant’s portion in the judgment of ex officio, are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed in accordance with Article 38(1) of

This part of the judgment below cannot be maintained.

3. As to the part of the judgment of the court below Nos. 1, 2, and 3, and the part of the judgment of the court below No. 4, there are reasons for reversal ex officio.

In accordance with Article 364(2) of the Criminal Procedure Act, all of the appeals shall be reversed and the judgment shall be rendered as follows.

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the original judgment.

Article 369 of the Criminal Procedure Act is cited as it is.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act (the fraud point, the choice of imprisonment), Article 151(1) of the Criminal Act (the crime is also committed; the crime is also committed); Article 2(2)3 of the Punishment of Violences, etc. Act; Article 257(1) of the Criminal Act (the point of joint injury and the choice of imprisonment) concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 25 (1) and 31 (1) through (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Orders for Compensation and Sentence of Provisional Execution;

1. The sentencing factors and the scope of recommended sentences according to the annexed sentencing guidelines (one year to four years) shall be determined by comprehensively taking into account the sentencing factors under Article 32(1)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation Order, including the period of repeated crime, the nature of the crime of fraud and the amount of damage, the degree of damage, the degree of damage not recovered, etc.

arrow