logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.08.10 2017노2805
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Each sentence of the lower judgment against the Defendant on the summary of the grounds of appeal (No. 1 year of imprisonment, and No. 2 of imprisonment: 4 months) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal.

The first and second judgment against the defendant was rendered, and the defendant filed an appeal against the judgment of the court below, and this court decided to hold a joint trial against each of the above appeals cases. Since each of the offenses of the first and second judgment against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed in accordance with Article 38(1) of the Criminal Act, since the first and second judgment cannot be maintained.

3. In conclusion, the judgment of the court below Nos. 1 and 2 is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and it is again decided as follows.

【Grounds for another judgment】 The facts constituting a crime and the summary of the evidence recognized by the court and the summary of the evidence are the same as stated in each corresponding column of the first and second judgments, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act (the point of fraud), Articles 48 Subparag. 3 and 26(1) (the point of gambling) of the National Sports Promotion Act, and each choice of imprisonment with prison labor, for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The defendant with reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, who committed concurrent crimes, has been subject to criminal punishment several times through the same type of fraud crimes.

Even though the Defendant was sentenced to a punishment for fraud, the Defendant committed the instant fraud again in only one month after the Defendant was released from the prison, and there is a question as to whether his mistake is divided into a true charge.

An unspecified number of victims.

arrow