logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.11.30 2016노3404
사기등
Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by eight months of imprisonment.

except that from the date of this judgment.

Reasons

1. The summary of the grounds for appeal (eight months of imprisonment) by the lower court is too unreasonable.

2. It is not good that the judgment defendant has committed such crimes as forging the securities for the purpose of deceiving the money with a high amount exceeding KRW 100 million, and it is not good that such crime is committed.

On the other hand, the defendant recognized his mistake and reflected his mistake.

In the first instance, the victim F and the victim F were smoothly agreed, and the victim F did not want to punish the defendant.

There is no same criminal offense against the defendant.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is deemed to be too unreasonable, and thus, the Defendant’s assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of facts constituting the offense and evidence recognized by the court as described in this Court shall be as shown in the corresponding columns of the original judgment.

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Article 347(1) of the Criminal Act that provides for the choice of punishment (a comprehensive and several punishment), Article 214(1) of the Criminal Act, Articles 217 and 214(1) of the Criminal Act (a point of exercising forged securities);

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

1. Article 62 (1) of the Criminal Act;

arrow