logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.04.20 2016노4920
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the first instance judgment: imprisonment with prison labor for five months and imprisonment for two months: imprisonment with prison labor for three months and imprisonment for three months: imprisonment with prison labor for one month) is too unreasonable.

B. The lower court’s sentence Nos. 1 and 2 of the Prosecutor is too unhued and unreasonable.

2. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the judgment.

In regard to the judgment below, the defendant filed an appeal against the judgment of the court below against the judgment of the court below Nos. 1 and 2, and the court of this court reviewed two appeals jointly. Since each crime of the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed in accordance with Article 38 (1) 2 of the Criminal Act, and the judgment of the court below cannot be maintained.

3. The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal of the judgment of the court below. The judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment 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, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The sentencing guidelines set forth in the scope of the recommended punishment [the scope of the recommended punishment] general fraud (less than KRW 100 million) shall be sentenced to a punishment lower than the lower limit of the recommended punishment set in the sentencing guidelines, taking into account the favorable circumstances among the reasons for sentencing, following the aggravated area (one year to two years).

[Special Aggravationd Persons] Cumulative Offense

2. The decision-making defendant has been punished several times, including imprisonment for the same kind of crime, and the execution of imprisonment for the same kind of crime has been completed.

arrow