logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.05.22 2015노374
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court against the Defendant is too unreasonable.

2. The crime of this case is recognized as having committed an additional crime, such as theft of identification cards, establishment of cell phones using such cards, etc., and the nature of the crime is not weak, and the defendant has the criminal record of having been sentenced three times to a fine for the same kind of crime.

However, in full view of the following circumstances: (a) the defendant has committed a crime; (b) the defendant has been committed in prison life for two months; (c) the defendant has an opportunity to reflect wrongs while living in prison; (d) some of the victims of larceny and fraud have agreed smoothly with them; (e) social ties seems to be obvious; and (e) other various circumstances that are conditions for sentencing, such as the defendant’s age, family relationship, occupation, etc., the punishment imposed by the court below

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court, and summary of evidence, are the same as that of 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. Articles 329, 230, 231, 234, 231, 34, 347 (1), and 347-2 of the Criminal Act applicable to the facts of crime respectively;

1. Articles 40 and 50 of the Criminal Act (mutual between crimes of uttering of each of the above investigation documents at the time of the market; 3.(a) and the crimes of uttering of each of the above investigation documents at the time of the market; 3.B.) of the same Act;

1. Selection of each sentence of imprisonment;

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

1. Article 62(1) of the Criminal Act (the conditions favorable to the above) (Article 62(1).

arrow