logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2013.06.27 2012노5806
사기등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable because each punishment (the first judgment: the fine of KRW 500,000, the second judgment: the fine of KRW 1 million, the third judgment: the fine of KRW 800,000) that the court below made against the defendant is too unreasonable.

2. Before the judgment of the court below on the grounds for appeal by the defendant ex officio, each of the offenses in the judgment of the court below which the court below found the defendant guilty was consolidated and tried in the trial. Since each of the offenses in the judgment of the court below is a concurrent offense under the former part of Article 37 of the Criminal Act, each offense in the judgment of the court below should be sentenced to a single punishment pursuant to Article 38(1) of the Criminal Act, the judgment of the court

3. According to the conclusion, the judgment of the court below ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal of unfair sentencing by the defendant is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) and Article 314 (1) of the Criminal Act; the choice of a fine for a crime; and the choice of a fine for a crime;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant recognized each of the crimes of this case, and committed a second offense, taking into account the following factors: the amount of damage caused by each of the crimes of this case, the defendant's criminal record relation, and other factors for sentencing indicated in the records, such as the defendant's age, character and conduct, and environment

arrow