logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.04.27 2017노382
사기
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for ten months.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The defendants' punishment (the defendants: 10 months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence against Defendant B by the lower court is too unhued and unreasonable.

2. The amount of money obtained by the Defendants from the victims is not much much, and Defendant B had been sentenced once to a suspended sentence of imprisonment due to fraud. However, the Defendants committed the crime and divided the crimes; Defendant A did not want the punishment against the Defendants; Defendant A did not have any criminal record for the same crime; the Defendants did not have any criminal record; the health of the Defendants was good; and all the sentencing conditions of the instant pleadings, including the age, sexual behavior, environment, etc., of the Defendants, are too unreasonable.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled as follows after pleading, on the grounds that the defendants' appeal is reasonable.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 347(1) and 30 of the Criminal Act concerning the Defendants who choose to commit the crime;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendant B of a community service order: Article 62-2 of the Criminal Act;

arrow