logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.01.10 2017노3248
절도등
Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for a term of one year and ten months.

No. 1 of seized evidence shall be the victim E.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the defendant to each punishment (the first instance court: imprisonment with prison labor for a year and six months, and the second instance court: imprisonment with prison labor for a period of four months) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

The Court held that each appeal case against the judgment of the court below was consolidated and tried, and each offense against the defendant at the time of the judgment of the court below is a concurrent offense under the former part of Article 37 of the Criminal Act, and thus, should be punished as a single sentence within the scope of aggravated punishment in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.

3. If so, 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 under the above authority, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the relevant Criminal Act for the crime (the point of fraud), Article 329 of the Criminal Act (the point of fraud), Article 230 of the Criminal Act (the point of uttering of official document), Article 231 of the Criminal Act (the point of uttering of private document), Articles 234 and 231 of the respective Criminal Act (the point of uttering of the above investigation document), Articles 152 subparag. 1 and 43 of the Road Traffic Act (the point of uttering of the above investigation document), Articles 148-2(2), 2, and 44(1) of the Road Traffic Act (the point of driving alcohol)

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on the crimes committed on April 8, 2016, concerning the violation of traffic laws by a person on April 8, 201, and the violation of traffic laws by the same person, and a punishment imposed on the crimes committed on the violation of traffic laws with heavy punishment);

1. Selection of each sentence of imprisonment;

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

1. Article 37 of the Aggravation of Concurrent Crimes Act.

arrow