logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.05.14 2014노2681
사기
Text

All judgment of the court below shall be reversed.

The punishment of the accused shall be determined by ten months of imprisonment.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the first instance judgment: 8 months of imprisonment and the second instance judgment: 2 months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence (the first instance court’s sentence: imprisonment with prison labor for up to eight months) is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, this Court tried to examine the two cases of appeal by combining the two cases of appeal by the defendant. The crimes of each case deliberated in the trial by the court in question are concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be reversed in its entirety.

3. Accordingly, the lower court’s judgment is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s allegation of unfair sentencing, and it is so decided as follows.

Criminal facts

The summary of the facts charged and evidence admitted by this court is as follows: on the third page of the facts charged in the judgment of the court of first instance, “N” as “K”; “N” as “K”; and “N” as “K”; and on the other hand, it is identical to each corresponding column of the judgment of the court of first instance. Therefore, it is cited 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, respectively;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are favorable circumstances such as the following: (a) the defendant repents and reflects his mistake; (b) the agreement with the victim R; (c) the amount obtained by the victim F is deemed to have been remitted to E; and (d) the defendant appears to have been remitted to E; and (c) the fact that the health of the defendant is not good enough

However, each of the crimes in this case is employed by the defendant.

arrow