logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.12.21 2016노2165
사기등
Text

Each judgment of the court below shall reverse all the remainder except the compensation order.

The defendant shall be punished by imprisonment for three years.

Reasons

1. The main points of the grounds for appeal are as follows: The punishment of the lower court (No. 1: imprisonment with prison labor for 3 years, and imprisonment with prison labor for 1 year) is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant, the judgment of the first and second court rendered a judgment on the defendant's grounds of appeal, and the defendant filed an appeal against them, and the court rendered a decision to concurrently examine the above two cases of appeal. Each of the crimes against the defendant in the first and second judgments is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act. Thus, each of the judgment of the court below cannot be maintained as it is.

3. Accordingly, each judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, since the above grounds for ex officio reversal, and the remaining parts of each judgment of the court below are all reversed, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 347-2 of the Criminal Act, Articles 72(1)1 and 48(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and Selection of Imprisonment with prison labor for each type of crime;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Article 48 (1) of the Criminal Act of confiscation;

1. The reason for sentencing under Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases Concerning the Promotion, etc. of Compensation Orders and Provisional Execution Sentence is that the Defendant committed the crime of this case in the same manner as he/she was punished by the same criminal act, and thus, committed the crime in the same manner as he/she was released therefrom.

arrow