logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.08.08 2019노1364
사기
Text

The remainder of the judgment of the court below, excluding the dismissal of an application for compensation order and compensation order, and the judgment of the court of second instance.

Reasons

1. The summary of the grounds for appeal (the judgment of the court below No. 1: the punishment of the court below: the punishment of the crime No. 1 to 9, 11, 24 through 27 in the annexed list of crimes in the case No. 2019Dadan996) is too unreasonable, and the punishment of imprisonment with prison labor for six months and for the remaining crimes in each case is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, this Court tried by examining each appeal case against the judgment of the court below jointly. Among the judgment of the court of first instance, each of the frauds listed in the annexed list of crimes No. 2019Dadan996 in the case No. 1 through No. 996, 11, 24 and 27 and each of the frauds listed in the judgment of the court of second instance is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and thus, one of the crimes listed in Article 38(1) of the Criminal Act should be sentenced in accordance with Article 38(1) of the Criminal Act. As such, since the remainder of the judgment of the court of first instance

3. As such, the above reasons for the reversal of an ex officio determination of unfair sentencing exist, the remaining parts of the judgment of the first instance under Article 364(2) of the Criminal Procedure Act excluding the rejection of an application for a compensation order and an order for compensation pursuant to Article 364(2) and the remainder of the judgment of the second instance except for a compensation order shall be reversed,

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to the sum mentioned in each 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 Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (main sentence for each victim), the choice of imprisonment for a crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Of concurrent crimes, many defendants are charged with the same kind of crimes with reasons for sentencing in the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

arrow