(영문) 부산지방법원 2020.01.16 2019노3564 | 리걸엔진

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2020.01.16 2019노3564

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The sentence of the original court (six months of imprisonment) shall be too vague and unfair.

2. Prior to the judgment on the grounds for appeal ex officio, the defendant was sentenced to a suspended sentence of two months on May 12, 2015 by the Busan District Court for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents against Drivers, etc.) and the judgment on May 20, 2015 became final and conclusive on May 20, 2015 are significant in this court. The crime of the defendant's decision and the above violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Violence against Drivers, etc.) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Violence against Drivers, etc.) are concurrent crimes under the latter part of Article 37 (1) of the Criminal Act, and the punishment for each crime of the judgment below shall

3. If so, 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, on the ground of ex officio reversal, and the judgment below is again ruled as follows.

[Dao-written judgment] The summary of criminal facts and evidence admitted by this court is that of the first head of the judgment of the court below, "the defendant was sentenced to a suspended sentence of 8 months in the Busan District Court on May 12, 2015 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (traffic Violence, etc.)." The judgment was finalized on May 20, 2015. The criminal records in the judgment of the court below were added to the summary of the evidence, and the criminal records in the judgment of 1.0 are stated in the corresponding column of the judgment of the court below, except for the addition of "written results of inquiry". Thus, it is accepted

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The amount obtained by defraudation of the latter part of Article 37 and Article 39(1) of the Criminal Act (the reason for the punishment).

참조조문

유사 판례

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