logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.12.16 2020노2199
사기등
Text

All the judgment of the court below (including the part of the compensation order among the judgment of the court of first instance) shall be reversed.

Defendant shall be punished by imprisonment for a period of one and half years.

Reasons

1. The summary of the grounds for appeal (Article 1: 2 years and 6 months of imprisonment with prison labor for the first instance court, and the second instance court: 6 months of imprisonment) of the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the judgment of the court below against the defendant was rendered separately, and each appeal was filed, and this court decided to hold concurrent hearings of each of the above appeal cases. Each of the offenses of the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a single sentence is to be imposed pursuant to Article 38 (1) of the Criminal Act. In this regard, the judgment of the court below against the defendant cannot

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows through pleading.

【Discied Judgment】 The facts constituting a crime recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act, Articles 352, 347(1), and 30 of the Criminal Act, Articles 229 and 225 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, Articles 230 of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, the choice of imprisonment for each crime other than the crime of uttering of forged official documents

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 32(1)2 and (2) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation (i.e., payment of the amount of damage sustained by B, an applicant for compensation at the trial of the court below), which shows the reasons for sentencing, is unspecified.

arrow