logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.10.28 2015노1737
사기
Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by six months of imprisonment.

provided that this ruling has become final and conclusive.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The judgment that the defendant acknowledges and reflects all of his mistakes, the defendant has no criminal records of probation or more, the defendant returned 5 million won to F at the court below, the defendant returned to F at the court below that it reached an agreement with the victim E. The circumstances of the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, environment, etc., various sentencing conditions as shown in the argument of this case, such as the background of the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, and the scope of recommending punishment (one month to one year) according to the sentencing guidelines of the Supreme Court Sentencing Committee / [the scope of recommending punishment] mitigated area (one month to one year) [special mitigation] [the mitigated area of general fraud (one-one year] [the person subject to special mitigation] [the defendant], and

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.

Criminal facts

The summary of facts constituting the offense and evidence recognized by the court as described in this Court shall be as shown in the corresponding columns of the original judgment.

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. Article 62 (1) of the Criminal Act;

arrow