logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2014.09.23 2014노310
사기등
Text

The judgment below

The remainder, excluding a compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years, confiscation) of the lower court is too unreasonable.

2. Determination is an unfavorable circumstance against the Defendant, such as the fact that the Defendant committed each of the instant crimes without being aware of the crime during the period of repeated crime, the fact that the majority of the victims and the victim cannot be said to be less than the amount of damage, and the fact that the damage has not been recovered, even though the Defendant was punished by imprisonment by the same method.

However, in full view of the sentencing conditions indicated in the instant case, including the Defendant’s age, occupation, motive, means and consequence of the crime, circumstance after the crime, etc., the lower court’s punishment is too unreasonable, as it is too unreasonable, in view of the following: (a) the Defendant’s confession of the crime; (b) the Defendant was against the victim of the crime of occupational embezzlement; and (c) the agreement was reached smoothly with the victim of the crime of occupational embezzlement and the amount of

3. If so, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court 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 and Article 347(1) of the Criminal Act (Fraud, Selection of Imprisonment), Article 329 of the Criminal Act, Articles 356 and 355(1) of the Criminal Act, Article 89-2 subparag. 1 of the Military Service Act (a violation of the Military Service Act) concerning criminal facts;

1. Article 35 of the Cumulative Criminal Act;

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

1. Article 38 (1) 1 of the Confiscation Criminal Act;

arrow