logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.08.21 2015노566
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Each sentence sentenced by the first and second instances of the grounds for appeal against the accused (the first instance judgment: imprisonment with prison labor for six months and the second instance judgment: imprisonment with prison labor for ten months) is too unreasonable;

2. Prior to the judgment on the grounds for appeal ex officio, the first and second judgments were rendered to the defendant, and the first and second judgments were rendered to the defendant, and the defendant filed an appeal against them, and the court decided to hold a joint hearing of the above two appeals cases. Each of the crimes against the defendant in the first and second judgments was related to concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence is to be rendered pursuant to Article 38(1) of the Criminal Act. Thus, the first and second judgments cannot be maintained as they are.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that there is a ground for ex officio reversal as seen above, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 347(1) and 30 (a) of the Criminal Act, Articles 347(1) and 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, and the choice of imprisonment for the crime;

1. From among concurrent crimes, consideration of favorable circumstances, such as the fact that the defendant's reason for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act reflects his mistake, and that there is no agreement with the victims of each of the crimes of this case, and that there has been several records of punishment for the same kind of crime, etc., which are disadvantageous to the defendant, such as the defendant's age, character and behavior, environment, and circumstances after the crime, etc.

arrow