logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.08.17 2018노1855
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (10 months of imprisonment) is too unreasonable.

2. The crime of this case in light of the method, frequency, and amount of damage, etc. is not less than that of the crime.

However, the Defendant confessions all of the crimes of this case and reflects them.

In the case of the defendant, the victim does not want the punishment of the defendant in agreement with the victim.

There is no criminal punishment exceeding the fine and there is no criminal record of the same kind.

The defendant has been able to live in prison for a certain period of time.

In full view of the above circumstances, the Defendant’s age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment seems to be too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The favorable circumstances in part of the judgment on the grounds for the above appeal);

1. The range of applicable sentences under the law for sentencing under Article 62-2 of the Social Service Order Criminal Act: Application of sentencing guidelines (the scope of recommended sentences) for not more than 10 years (the scope of recommended sentences) to the general fraud area (one month to one year), where punishment is not imposed or considerable damage is recovered, the decision of sentence shall be made: 10 months of imprisonment and two years of suspended execution, taking into account various sentencing conditions for the reasons for appeal in the judgment on the above appeal.

arrow