logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.09.04 2015노937
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The crime of this case is not likely to be committed in light of the content of the crime and the method of the crime by deceiving the victim by deceiving the victim to release the children of the victim who is confined to China through the power holder belonging to the Chinese Party in order to raise the funds for his own escape.

However, in light of the circumstances favorable to the defendant, such as the defendant's time to commit the crime of this case in the trial of the party and the fact that the defendant agreed with the victim, and the balance between the defendant and the case of concurrent judgment with the crime of interference with business which became final and conclusive at the same time as the judgment of the court below is to be considered, and other circumstances, which are conditions for sentencing specified in the argument of this case, such as the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime,

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows, except for the addition of “the statement of the defendant in this court” to the summary of the evidence, and all of the judgment below are as stated in the corresponding column of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);

arrow