logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.03.23 2016노2474
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven months.

Reasons

1. The summary of the grounds for appeal is that the defendant suffers from alcohol-related pain and depression, and thus, the defendant is found to be guilty of any contingent crime while under the influence of alcohol, the victims of this case have been compensated for and agreed to compensate for all damages, and the defendant is responsible for looking at the mother's disease. In light of the fact that the court below's sentence (eight months of imprisonment) is too unreasonable.

2. The judgment defendant committed each of the crimes in this case during the period of repeated crime, without being aware of the record of being punished by a fine on a multiple occasions for the same crime.

On the other hand, each of the crimes of this case did not have significant amount of damage, and the defendant agreed to compensate the victims for damage.

The defendant is fully responsible for supporting the mother by the descendants of an independent person T with merit, and each of the crimes in this case appears to have been committed contingently in the state of master.

In addition, in full view of all the sentencing circumstances shown in the records and arguments of this case, including the defendant's age, sex, environment, and motive for committing the crime, the sentence of the court below is judged to be unfair because it is unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the judgment below is ruled as follows.

【Re-written judgment】 The criminal facts acknowledged by the court and the summary of the evidence are all the same as the entries of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The sentence shall be determined as ordered in consideration of the various circumstances described in the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act, and Article 50(2) of the grounds for sentencing.

arrow