logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2013.09.25 2013노1499
사기등
Text

The judgment of the court below is reversed.

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

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and six months of imprisonment) is too unreasonable.

2. On November 18, 2011, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. on April 28, 2012 and completed the enforcement of the sentence on a repeated crime on April 28, 2012, and acquired cash by deceiving the Defendant from the victim C, R, U, X, AD, AD, AG, and AJ as if the Defendant has settled the drinking value in advance, ② theft of the victim C-owned body card and used it three times, ③ injury the victim P. In particular, it is not good that the applicable law is planned and consistent, the Defendant committed fraud, in addition to the above punishment three times, and there are many criminal records including the same criminal records, the Defendant did not agree with the victims other than four victims, but the Defendant was found to have failed to reach an agreement on the remaining victims and the Defendant’s age before and after the confession of the criminal facts, and the Defendant’s mistake and behavior against the victim’s life in the first instance court, and the Defendant’s allegation that the Defendant did not reach the victim’s age and the first instance judgment.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

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 below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The point of fraud and imprisonment with prison labor under Article 347(1) of the Criminal Act, which relate to applicable criminal facts and the choice of punishment;

arrow