logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.02.14 2017노9397
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for up to seven months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. Considering the fact that the defendant committed the crime of this case during the period of repeated crime due to the same criminal record and the considerable amount of damage caused by the crime of this case, strict punishment against the defendant is required.

However, in full view of the following facts: (a) the Defendant made a confession of all the crimes; and (b) his mistake is divided through the life close to seven months of confinement; (c) the Defendant agreed with the victim in the trial; (d) the Defendant has no particular criminal history other than the one-time criminal record and the one-time criminal record; and (e) the Defendant’s age, sex and environment; (d) motive, means and consequence of the crime; and (e) other various sentencing conditions shown in the argument of the instant case, such as the circumstances after the crime, etc., the lower court’s punishment is deemed unfair and unreasonable. Therefore, the Defendant’s assertion is reasonable

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

arrow