logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.02.13 2018노6592
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The court below's punishment is somewhat inappropriate in light of the defendant's circumstances, the defendant's age, character and conduct, environment, and other various sentencing conditions shown in the argument of this case, such as the following: (a) although the defendant was at the time of the trial, he did not seem to be liable for such crime; (b) on the other hand, the defendant was showing an attitude to recognize and reflect his mistake; (c) he repaid or deposited the amount equivalent to KRW 8 million to the damaged corporation up to the trial; and (d) he recovered part of the amount of damage by paying or depositing it in installments; and (e) he should consider equity with the crime of violation of the Punishment of Violence, etc. Act (the crime of violence such as a deadly weapon, etc.) which became final and conclusive.

The defendant's assertion of unfair sentencing is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and it is again decided as follows.

[Discied 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 of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

1. Article 347(1) and Article 30 of the Criminal Act; the choice of imprisonment with labor for the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

arrow