logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2020.11.19 2019노508
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)등
Text

All of the judgment of the court of first instance, the judgment of the court of second instance, and the third judgment on the defendant shall be reversed.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the first instance court (one year and six months of imprisonment and the suspended sentence of a fine), the punishment sentenced by the second instance (ten months of imprisonment) and the punishment sentenced by the third instance (six months of imprisonment) on the accused is too unreasonable.

(b) The above sentence sentenced by the first instance court to the defendant is too unfluent and unfair.

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

On the first judgment, the defendant and the prosecutor appealed only the defendant with respect to the second judgment and the third judgment, and this court decided to jointly examine the above appeal cases.

The crimes of the first and second original judgments and the crimes of the third original judgment against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence is to be sentenced within the scope of a prison term under Article 38(1) of the Criminal Act. Thus, the part concerning the defendant in the first and second original judgments and the third original judgment cannot be maintained any more.

3. If so, the part concerning the defendant among the first, second, and third, is reversed ex officio. Thus, without examining the defendant's and prosecutor's allegation of unfair sentencing, all of them are reversed under Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

【The reasons for the new judgment regarding the reversal portion 【The facts constituting the crime and the summary of the evidence recognized by the court, and the summary of the evidence, which are the facts constituting the crime and the summary of the evidence, have become final and conclusive” in the second sentence 7 of the third judgment of the court of the court of the court of the court of the court of the court of the court of the court of the court of the court of the court of the first instance . . . “The defendant was sentenced 10 months to imprisonment with prison labor for the crime of forging private documents, etc. at the Busan District Court on April 18, 2019 and the judgment became final and conclusive on April 26, 2019.”

arrow