logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.09.07 2017노827
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The fact that the Defendant had the same record as the judgment, and multiple victims repeatedly committed the instant crime is disadvantageous to all the other victims.

However, there are changes in circumstances, such as that the defendant fully acknowledges his mistake, and most victims can recover damages and reflect them until they reach the trial.

Comprehensively taking into account the following circumstances: (a) having no record of being sentenced to punishment for a period of five months or less; (b) having been detained; (c) the Defendant’s age, sexual conduct, intelligence and environment; (d) the background leading to the instant crime; (c) the means and method of the instant crime; and (d) the circumstances after the commission of the crime, the lower court’s punishment is deemed unfair

3. The judgment of the court below is reversed in accordance with the conclusion, and it is again decided as follows after pleading.

Criminal facts

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

Application of Statutes

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act, Article 59 (1) of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

arrow