logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.03.23 2016노4969
사기미수등
Text

The judgment of the court below is reversed.

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

Reasons

1. The sentence imposed by the court below (one year and six months) on the summary of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant, the defendant was found to have been in the first instance trial and led to the confession of the crime of this case, so the punishment against the defendant should be reduced or exempted as necessary pursuant to Articles 157 and 153 of the Criminal Act. In this regard, the judgment of the court below was impossible to maintain as it is.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without having to determine whether the defendant's improper assertion of sentencing is justifiable. The judgment below is reversed, and the following is again decided after pleading.

[Re-written judgment] The summary of the facts constituting the crime and the summary of the evidence acknowledged by this court is as follows: the facts constituting the crime No. 1’s “K” and the summary of the evidence related thereto are as follows: “K” under Article 369 of the Criminal Procedure Act; “A fact-finding confirmation under the name of F on August 17, 2013” under Article 1-10 of the same Act as “A fact-finding confirmation under the name of F on August 27, 2013”; and “part of the Defendant’s court testimony” under the summary of the evidence as “the Defendant’s court testimony” under Article 369 of the Criminal Procedure Act are the same as each corresponding column of the lower court’s judgment.

Application of Statutes

1. Articles 352, 347(1) (a) and 152(1), 31(1), 30 (a), and 156 of the Criminal Act concerning facts constituting an offense, respectively;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment specified for the crimes of false accusation against F and the crimes of false accusation against I, and a punishment for the crimes of false accusation against F, of which the crimes of false accusation are heavier);

1. Selection of each sentence of imprisonment;

1. Articles 153 and 55(1)3 (in relation to the crime of aiding and abetting perjury, confession), 157, 153, and 55(1)3 (in relation to the crime of aiding and abetting perjury, confession) of the Criminal Act mitigated by law;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

arrow