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(영문) 부산지방법원 2013.07.12 2013노1607
불실기재공정증서원본행사
Text

The judgment below

The parts against the Defendants are reversed.

Defendants shall be punished by imprisonment for ten months.

(b).

Reasons

1. The sentence of the lower judgment against the Defendants in summary of the grounds for appeal (ten months in prison) is too unreasonable.

2. In light of the fact that the Defendants were found to have committed each of the crimes of this case when they were judged in the trial, the Defendants appear not to have led each of the crimes of this case, and considering the equity of criminal punishment with A, the Defendants’ family environment, and all other matters concerning the sentencing on the records and arguments of this case, the punishment of the lower judgment against the Defendants is too unreasonable, and therefore, the Defendants’ assertion is reasonable.

3. Accordingly, the part of the judgment of the court below against the Defendants in accordance with Article 364(6) of the Criminal Procedure Act is reversed, and the appeal against the Defendants is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: 1. The addition of the defendants' oral statement to the summary of the evidence is the same as the corresponding column of the judgment of the court below, except for the addition of the defendants' oral statement to the summary of the evidence.

Application of Statutes

1. Relevant legal provisions concerning criminal facts and the Defendants’ choice of punishment: Articles 228(1) and 30 of the Criminal Act; Articles 229, 228(1), and 30 of the Criminal Act; the choice of imprisonment

1. Defendants who aggravated concurrent crimes: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants on probation: Article 62(1) of the Criminal Act (Consideration of grounds for reversal);

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