logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.05.14 2020노110
사기등
Text

The part of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.

Defendant shall be punished by imprisonment with prison labor of not less than three years and eight months.

Reasons

1. Summary of grounds for appeal;

A. As to the judgment of the court of first instance, the punishment of the said judgment (three years and six months of imprisonment) is too unreasonable.

B. The judgment of the court below of the second instance is too unreasonable as the punishment (six months of imprisonment) of the above judgment is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio. The court below rendered a separate judgment on the crime of each judgment of the court below against the defendant, but the court below held concurrent hearings. Each of the above crimes is concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to a single punishment at the same time in accordance with Article 38(1) of the Criminal Act. Thus, the part of the judgment of the court of first instance and the judgment of the court of second instance cannot be maintained any more.

3. As such, the part of the judgment of the court of first instance concerning the defendant's case and the judgment of the court of second instance on the grounds of the above ex officio reversal, without examining the defendant's assertion of unfair sentencing, are reversed under Article 364 (2) of the Criminal Procedure Act, and the part of the judgment of the court of first instance and the judgment below

[C] The summary of the facts constituting an offense and evidence admitted by the court is the same as that of the judgment of the court below, and the summary of the facts constituting an offense and evidence is cited as it is in accordance with Article 369 of the Criminal Procedure Act, since it is the same as the corresponding column of the judgment of the court below, except for the case where the "paragraph 4" as stated in Part 5 of the

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act for the crime, the choice of punishment for each victim (a inclusive of the victims), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 234 of the Criminal Act, and Article 231 of the Criminal Act, the choice of imprisonment for each crime;

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

1. Article 25 (1) 1, and Articles 31 (1) and (2) of the Act on Special Cases concerning Litigation Promotion, etc. of Compensation Orders;

1. Matters concerning the promotion, etc. of a provisional execution declaration;

arrow