(영문) 서울동부지방법원 2013.06.27 2013노243

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2013.06.27 2013노243

절도등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The summary of the grounds for appeal (in the first instance court: imprisonment with prison labor for a year and two months; imprisonment with prison labor for a period of two months) of the lower court against the Defendant is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant, the first and second court sentenced the defendant to imprisonment with prison labor for the former one year and two months for the latter, and the defendant appealed to the above two appeals cases, and the court of the first and second court decided to jointly deliberate on each of the above two appeals cases. Since each of the offenses that the court of the first and second judgment against the defendant is a concurrent offense under Article 37 of the Criminal Act, one of the concurrent offenses under Article 38(1) of the Criminal Act should be sentenced within the scope of punishment under Article 38(1) of the Criminal Act, and one of the concurrent offenses under Article 38(1) of the Criminal Act should be sentenced within the scope of punishment. In this respect, the judgment of the court below against the defendant cannot be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining the grounds for appeal by the defendant, and the following judgment is rendered following the pleadings.

Criminal facts

The summary of the facts charged and the summary of the evidence presented by this court is identical to each corresponding column of the judgment of the court of first and second instances. Therefore, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 329 of the Criminal Act applicable to the crime, Articles 231, 234, and 231 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, Article 72 (1) 1, and Article 48 of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc.

참조조문

유사 판례

-서울북부지방법원 2013.10.18 2013노777

-춘천지방법원 2015.11.18 2015노584

-춘천지방법원 2015.04.15 2014노979

-서울동부지방법원 2013.07.04 2013노232

-춘천지방법원 2015.12.16 2015노881