logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.03.22 2017노1478
사기
Text

The judgment of the court below is reversed.

As to the crimes Nos. 2 and 3 of the judgment of the court below, the defendant shall be punished by a fine of two million won.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (hereinafter referred to as 4,00,000 won) is too unreasonable.

2. Reviewing the reasoning for ex officio appeal prior to the judgment on the grounds for ex officio appeal, the record reveals that the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Seoul Central District Court on September 18, 2015 and the said judgment became final and conclusive on September 26, 2015, and on November 30, 2016, the Defendant was sentenced to three months of imprisonment with prison labor for larceny, etc. at the Seoul East District Court and the said judgment became final and conclusive on March 17, 2017.

Special larceny, etc., Nos. 2 and 3 of the judgment of the court below, and larceny, etc., finalized in the judgment of the court below, and No. 1 of the judgment of the court below, shall be sentenced to punishment for the crime of this case in consideration of equity in the case of concurrent crimes under Article 39(1) of the Criminal Act, which are concurrent crimes after Article 37 of the Criminal

Therefore, the judgment of the court below cannot be maintained.

3. Thus, 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 argument of sentencing, since there is a ground for reversal ex officio as above, and the judgment below is reversed, and it is again decided as follows.

【The reasoning of the judgment that was used again] The facts constituting a crime and the summary of the evidence admitted by the court below and the summary of the evidence are as stated in the corresponding column of the judgment of the court below on September 18, 2015, with the exception that "the defendant was sentenced to a suspended sentence of two years for special larceny, etc. at the Seoul Central District Court on September 26, 2015 and the above judgment became final and conclusive on September 26, 2015. On November 30, 2016, the Seoul East East District Court sentenced three months for larceny, etc. at the Seoul East District Court, which became final and conclusive on March 17, 2017, and added "the above judgment was added and "1.................... inquiry about the summary of the evidence, such as criminal history, and the summary of each judgment (3 copies)" as stated in the corresponding column of the judgment of the court below.

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

arrow