logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2014.07.02 2014노537
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The summary of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant, this Court decided to hold a joint hearing of each appeal case against the judgment of the court below. Each of the offenses against the defendant in the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a sentence should be imposed in accordance with Article 38(1) of the Criminal Act.

In addition, in the trial of the court of first instance, the prosecutor applied for changes in the indictment to the effect that the facts charged by the court of first instance are changed as stated in the summary of the facts charged and evidence, and this court permitted this.

Therefore, the judgment of the court below is no longer maintained.

3. According to the conclusion, the judgment of the court below is reversed ex officio under Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's grounds for appeal on the grounds of unfair sentencing, and the judgment below is also ruled again through pleading as follows.

Criminal facts

The summary of facts and evidence recognized by this court is identical to the description of each corresponding column of the judgment of the court below, except for the case where "12,200,000 won" in Paragraph (1) 2 and 7 of the Criminal Procedure Act is changed to "13,20,000 won" in the criminal facts of the judgment of the court of first instance, " June 21, 2013" in Paragraph (2) 1 as " June 8, 2013," and "13,20,000 won" in Paragraphs (2) 2 and 8 as "12,20,000 won" in the same manner as the description of each corresponding column of the judgment of the court of first instance. Thus, it is cited as is in accordance with

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. In full view of the reasons for the sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders, the following factors are considered: (a) the conditions for various sentencing as shown in the records and arguments of the instant case and the fact that the victims’ damage has not been recovered.

arrow