logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.07.17 2014노309
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment and two years of suspended execution) of the lower court is deemed to be too unhued and unreasonable.

2. The judgment of the court below does not have a criminal record of imprisonment without prison labor or heavier for the defendant, and as stated in the statement of the court below, there are circumstances to consider the defendant favorable to the defendant as a crime related to the prepaid money directly connected to the unfair employment practices of the multi-rural communities. However, considering the fact that the defendant left a variety of places in the previous areas and obtained punishment repeatedly and repeatedly against multi-rural communities by taking account of the fact that the risk of recidivism is feared to occur very roughly and repeatedly, and the damage of each of the crimes of this case is not less small, and even if the crime is not less likely to occur, it does not seem that the defendant denies the criminal intention by the investigative agency, such as denying the criminal intention by deception, etc., and most of all, the sentencing of the court below which sentenced the suspension of the execution of imprisonment with prison labor is too unfford.

3. In conclusion, the decision of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act by accepting the prosecutor's appeal and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

arrow