logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.01.26 2017노6277
사기등
Text

The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant H.

Reasons

1. Reasons for appeal;

A. The defendants' punishment (the 2-year imprisonment, the 8-year imprisonment, the 2-year suspended sentence, the 1-year imprisonment, the 2-year suspended sentence, the 1-year imprisonment, the 2-year suspended sentence, the 2-year imprisonment, the 10-month imprisonment, the 10-month imprisonment, the 1-year suspended sentence) is too unreasonable.

B. The lower court’s sentence against the remaining Defendants except the Defendant M of the Prosecutor is too unfasible and unreasonable.

2. Ex officio determination

A. We examine Defendant M, and the lower court sentenced Defendant M as a crime of aiding and abetting the violation of the law of law while punishing Defendant M as a crime of aiding and abetting the violation of the law of law. Since the judgment of the lower court contains an error of law affecting the conclusion of the judgment, the part against the above Defendant is no longer maintained

B. On the other hand, the prosecutor filed an application for the modification of an indictment with respect to the remaining Defendants as stated in Section 1-A of the facts charged No. 2017 [1] to “386,941,277 won” and “379,317,456 won,” and this court permitted the application for the modification of an indictment with respect to the alteration of the daily list of crimes attached to the judgment of the court below. The subject of the judgment of the court below that sentenced one punishment for the whole facts constituting concurrent crimes under the former part of Article 37 of the Criminal Act with regard to the modified facts charged and the whole facts constituting concurrent crimes under the former part of Article 37 of the Criminal Act cannot be maintained any more.

3. As such, the part of the judgment of the court below against the Defendants is reversed ex officio as seen earlier. Thus, without examining the Defendants and the prosecutor’s unfair argument of sentencing, the part against the Defendants among the judgment below under Article 364(2) of the Criminal Procedure Act is reversed and it is again decided as follows.

Criminal facts

The summary of the facts constituting an offense and evidence acknowledged by this court shall be as follows: “379,317,456 won” in Article 1-1-A of the 2017 Highest 1017 Highest 1017, and the summary of the evidence shall be as follows: “379,317,456 won”; and “the daily list of crimes” attached to the judgment of the court below shall be as attached to the judgment of the court below.

arrow