logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.12.09 2015노283
사기등
Text

All judgment of the court below shall be reversed.

The sentence against the accused shall be determined by a fine of KRW 10 million.

The defendant above.

Reasons

1. Summary of grounds for appeal;

A. Each sentence of the lower judgment (the first instance judgment: fine of KRW 1 million, KRW 2, and KRW 3 million: each fine of KRW 3 million, 40 hours each order to complete a sexual assault treatment program, and 2 years each order to disclose and notify the Defendant) is too unreasonable.

B. Each sentence of the judgment of the court below Nos. 1 and 3 of the prosecutor is too unhued and unfair.

2. Prior to the judgment on the grounds for appeal, this Court tried to examine each appeal case against the judgment of the court below by combining each of the appeals cases. Each of the offenses of the judgment of the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a single sentence should be sentenced in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot escape from reversal.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s allegation of unfair sentencing, on the ground that the above reasons for reversal exist, and it is again decided as follows.

Criminal facts

The summary of facts constituting the offense and evidence recognized by the court as described in this Court shall be as shown in the corresponding columns of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant provisions of the Criminal Act, Article 347 (1) of the Criminal Act, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the main sentence of Article 49(1)2 and 49(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

arrow