logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.11.01 2018노2261
사기등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15 million.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence imposed by the defendant (six months of imprisonment) is too unreasonable.

2. The judgment is disadvantageous to the defendant, such as the fact that the defendant has been already punished several times for the same crime, in particular, the fact that the defendant committed the crime during the suspension of execution, the number of the crimes, and eight victims, etc.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant was aware of the crime and had already been detained for three or more months, the benefits accrued from the crime of this case seems not to be significant, and the fact that the victims were recovered from damage and most of the victims were expected to have agreed upon in this case, etc., it seems that it would be somewhat harsh that the punishment of the court below is unfair by taking into account all the sentencing conditions, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., and all of the sentencing conditions, including the defendant's age, sex, environment, motive, means and consequence, etc., where the sentence of the previous suspended sentence is invalidated and finalized in this case, the sentence of the court below is deemed to be unfair.

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 the defendant's appeal is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in 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. Relevant Article 347(1) of the Criminal Act, Article 231 of the Criminal Act (the point of fraud), Articles 234, 231 of the Criminal Act (the point of uttering of private document), Article 232-2 of the Criminal Act (the point of uttering of private document), Articles 234 and 232-2 of the Criminal Act (the point of private electronic document) of the Criminal Act, Articles 234 and 232-2 of the Criminal Act (the point of exercising private electronic document of the above author), Article 37 subparag. 10 of the Resident Registration Act (the point of uttering private document of the above author), and each fine.

arrow