logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2013.10.11 2013노129
사기등
Text

All the judgment below is reversed.

A defendant shall be punished by imprisonment with prison labor for one year.

except that from the date of this judgment.

Reasons

1. In light of the overall circumstances in this case, the punishment of each judgment of the court below (the first judgment: imprisonment with prison labor for 10 months, suspended execution for 2 years, community service order for 120 hours, and the second judgment: imprisonment with prison labor for 8 months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the case No. 2013No129 of this Court, which is the case of appeal against the judgment of the court of first instance, and the case No. 2013No676 of this Court, which is the case of appeal against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of first instance. The crimes of the judgment of the court of first and second are concurrent crimes under the former part of Article 37 of the Criminal Act, and they should be sentenced to a single sentence within the scope of the term of punishment subject to aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court of first and

3. Accordingly, the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is so decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding column of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act (a point of fraud), Article 231 of the Criminal Act, and Articles 234 and 231 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act (mutual between crimes of uttering of respective investigative documents dated April 11, 2013) of the same Act;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is that the defendant is sentenced to imprisonment with prison labor at the Ulsan District Court on September 1, 200, six months in the same court on June 15, 2001 as a violation of the Attorney-at-Law Act, and six months in the same court on August 22, 2003.

arrow