logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.03.03 2016노5150
배임
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The summary of the reasons for appeal (No. 1: imprisonment with prison labor for 4 months and imprisonment for 6 months) by the court below is too unreasonable.

2. The defendant filed an appeal against the judgment of the court below and decided to concurrently examine all the above appeal cases. Each of the offenses committed by the court below against the defendant is related to concurrent offenses under the former part of Article 37 of the Criminal Act, and a sentence should be imposed within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more in this respect.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, the summary of the evidence is cited.

Application of Statutes

1. Article 355 (2) and (1) of the Criminal Act and Articles 355 (1) of the Criminal Act concerning the applicable criminal facts, the choice of punishment, and the choice of imprisonment;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Code aggravated concurrent crimes is that the defendant recognized his mistake and reflects the defendant's judgment (one year of imprisonment), the defendant's judgment (one year of imprisonment) has become final and conclusive and takes into account the equity with the case of being tried together with the case of being tried after the crime of embezzlement under the same Act which is in the same concurrent crimes after Article 37 of the Criminal Code, and the fact that the defendant has a baby and consciousness to support the defendant, while there are favorable circumstances for the defendant, on the other hand, the victims' injury has not been recovered, and the defendant disposes of the goods such as the vehicle purchased from the loan against the security right.

arrow