logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.08.11 2017노684
사기등
Text

The judgment of the court below is reversed.

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

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The reasoning of the appeal is that of the lower court’s punishment (eight months of imprisonment) is too unreasonable.

2. In full view of all the sentencing conditions, such as the Defendant’s age, sex behavior, environment, background of the instant crime, circumstances before and after the instant crime, etc., the lower court’s punishment is too unreasonable, considering the following factors: (a) the confession of the crime, the confession of the judgment, the fact that the victim made an agreement on the payment of damages to the defrauded, the fact that there was no record of punishment for the same kind of crime, the fact that the victim was detained for a certain period of time, the fact that his act was deemed to have been contrary to the victim’s act by deceiving the money by means of forging it, etc. in favorable circumstances with regard to the victim’s relationship; and (b) the fact

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court as well as the summary of the evidence shall be as follows:

(b)bed;

Except as stated in each of the relevant columns of the lower judgment, each of the “as of April 14, 2014” referred to in paragraphs (1) and (4) is construed as “as of April 14, 2015,” and thus, the same shall be cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 214 (1) of the Criminal Act, Article 217 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 347 of the Criminal Act, as to the facts constituting an offense

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on the crime of causing forged or falsified securities and the crime of causing falsified documents as stated in subparagraph 3-B of the judgment, and a punishment imposed on the crime of causing forged or falsified securities)

1. Selection of each imprisonment with prison labor for a crime of forging a private document chosen to impose a punishment, committing a criminal investigation document, or committing a criminal fraud;

1. The aggravated Criminal Act for concurrent crimes.

arrow