logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.06.30 2015노2063
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than three years and four months.

Reasons

1. The judgment of the court below No. 1 regarding the scope of this Court’s adjudication is dismissed as to the violation of the Act on the Control of Illegal Check and Check in the Check No. 1 attached to the List No. 2012 High Order No. 1982, and the remaining facts charged are pronounced guilty.

However, since the defendant appealed against the guilty portion of the judgment of the court of first instance and the judgment of the court of second instance on the grounds of unfair sentencing, and did not appeal both a prosecutor and the defendant with respect to the dismissal part of the judgment of the court of first instance which dismissed the public prosecution, the dismissal part of the judgment of the court of first instance becomes final and conclusive separately, and only the remaining guilty portion of the judgment of the court of second instance and the judgment

2. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendant (No. 1: imprisonment with prison labor for 2 years, and imprisonment with prison labor for 1 year and 8 months) is too unreasonable.

3. Prior to the judgment on the grounds of appeal by the defendant's ex officio, the judgment of the court below was rendered to the defendant, and both the defendant filed an appeal against them. This court decided to hold concurrent hearings of each of the above appeal cases. Each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and one of the offenses against the defendant should be sentenced in accordance with Article 38 (1) of the Criminal Act. Thus, each of the judgment of the court below was no longer maintained.

4. As such, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the following decision is made through pleadings, since there are grounds for reversal ex officio as seen earlier.

[Re-written judgment] The summary of facts constituting a crime and evidence recognized by the court is the summary of the facts constituting a crime and evidence, and the summary of the evidence is as follows: “Defendant is at the Seoul Northern District Court on November 17, 2005.”

arrow