logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.07.10 2014노3047
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (2 million won of fine) is too unreasonable.

2. The judgment of the court below is that the defendant made confession of all of the crimes of this case and reflects the wrongness while making a confession. On July 29, 2011, the above judgment became final and conclusive on October 11, 201 after being sentenced to one year of suspended execution on the grounds of the crime of violating the Establishment of Homeland Reserve Forces Act on April 29, 201. The crime of this case is in the concurrent relationship between the crime of violating the Establishment of Homeland Reserve Forces Act and the crime of violating the latter part of Article 37 of the Criminal Act, and the punishment is to be determined at the same time in consideration of equity with the case where the judgment is to be rendered pursuant to Article 39(1) of the Criminal Act. However, the crime of this case is committed by repeatedly deceiving the victim who is the seat of the defendant, and it is not good that the crime of this case is committed by the defendant, with the history of criminal punishment on several occasions on August 10, 2010, since it did not appear that the defendant's motive and condition of the crime of this case were unfair.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, the phrase “1. Induction” in the application of the law of the court below ex officio shall be corrected as the phrase “Article 70(1) and Article 69(2) of the Criminal Act” in the application of the law of the court below to the phrase “Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014)

.

arrow