logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.02.07 2017노4620
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three months.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.

2. In light of various sentencing conditions indicated in the records and arguments of the instant case, such as the fact that the Defendant had already been punished several times for the crime of fraud, and that the Defendant committed the instant crime at the same time during the period of repeated crime due to the crime of fraud, etc., the Defendant appears to have committed the instant crime at a disadvantage, but it appears to have an attitude to recognize and reflect his/her criminal act in the first instance trial, and that the Defendant agreed to pay the full amount of damages to the victim and agreed to the victim, the lower court’

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit (as long as the defendant's appeal is accepted with unjustifiable grounds for sentencing, the prosecutor's appeal shall not be dismissed separately), and the defendant's appeal shall be

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court below as the summary of the facts constituting an offense and evidence is cited in accordance with Article 369 of the Criminal Procedure Act, except for the alteration of “1. The Defendant’s partial statement” as “1. The Defendant’s only court statement” as “1. The Defendant’s only court statement” as “the Defendant’s own corresponding column.”

Application of Statutes

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

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

arrow