logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.09.25 2020노1324
사기등
Text

Of the judgment of the first instance, the part excluding the part rejecting an application for a compensation order and a compensation order and the second judgment.

Reasons

1. Summary of grounds for appeal;

A. The sentence sentenced by the lower court (Article 1: 1 year of imprisonment and 4 months of imprisonment with prison labor) is too unreasonable.

(b)the above-mentioned sentence sentenced by the first instance court of the Prosecutor is too unhued and unreasonable;

2. Each appeal case against the judgment of the court below was consolidated in the judgment of the court below ex officio. Each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be imposed in accordance with Article 38(1)2 of the Criminal Act.

Therefore, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed in its entirety except the part that rejected the request for compensation order and compensation order among the judgment of the court of first instance pursuant to Article 364(2) of the Criminal Procedure Act and the part that rejected the request for compensation order and compensation order, and the judgment of the court of second instance is again decided as follows through pleading.

[Discied reasoning of the judgment] Criminal facts and the summary of evidence against the defendant recognized by the court is identical to the corresponding column of the judgment of the court of first and second instances. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act, Article 329 of the Criminal Act, Article 70(1)3 of the Specialized Credit Financial Business Act (hereinafter “Special Act”), Articles 15(2) and 6-2 of the Reserve Forces Act, Articles 50(3)2 and 43(3) of the Special Act on the Punishment, etc. of Sexual Crimes (hereinafter “Special Act”), Articles 50(3)3 and 43(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Act”) concerning the Punishment, etc. of Sexual Crimes, Articles 50(3)3 and 43(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Act”).

arrow