logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.10.04 2018노845
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The lower court rendered a judgment by misapprehending the legal doctrine while the Defendant did not appear.

However, the judgment of the court below on the substitute of the court below is unlawful because it does not meet its requirements.

In addition, the court below did not properly guarantee the defendant's right to assistance of counsel and tried to render a judgment.

B. The lower court’s sentence of unreasonable sentencing (fine 1.5 million won) is too unreasonable.

2. On July 11, 2018, the Defendant was sentenced to imprisonment with prison labor for ten months at Seoul High Court, and the said judgment became final and conclusive on December 3, 2018.

In this regard, the prosecutor applied for the amendment of the Criminal Code Article 37 and Article 39 (1) to the applicable provisions of the Criminal Code in the criminal records in the trial, and the prosecutor allowed the amendment of the Criminal Code.

The crime of confinement in the judgment of the court below against the defendant is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act and Article 39 (1) of the Criminal Act, and the sentence should be imposed at the same time in consideration of equity, so the judgment of the court below is no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's grounds for appeal on the ground of appeal, and it is again decided as follows.

【Grounds for the Judgment of the Seoul High Court on July 11, 2018, sentenced 10 months to imprisonment with prison labor for the crime of confinement at Seoul High Court on December 3, 2018, which became final and conclusive on December 3, 2018,” and “a summary of evidence” in the word “a summary of evidence”.

1. A statement on criminal records, etc.;

1. Article 369 of the Criminal Procedure Act is the same as the entry of each corresponding column of the judgment of the court below except for the cases of adding "any significant fact to this court."

arrow