logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원(창원) 2020.12.23 2020노162
특정범죄가중처벌등에관한법률위반(무고)등
Text

All judgment of the court below is reversed.

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

Reasons

1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for 1 year and 6 months, and the second instance judgment: imprisonment with prison labor for 2 years) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the first and second judgments were rendered to the defendant, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings of the two appeals cases. The first and second judgments of the court below against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act. Thus, the first and second judgments of the court below cannot be maintained as they are.

3. As such, 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 assertion of unfair sentencing, and the judgment of the court below is reversed in entirety, and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are identical to the facts stated in the corresponding column of the judgment below No. 1 and No. 2. Therefore, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 14 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 156 of the Criminal Act, Article 8 of the Special Act on Insurance Fraud Prevention, Article 8 of the Special Act on Insurance Fraud Prevention, Article 8 and Article 10 of the Special Act on Insurance Fraud Prevention, Article 8 and Article 10 of the same Act on the Punishment, etc. of Specific Crimes concerning the crime;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes with the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes against the largest J with the punishment);

1. Reasons for sentencing under Articles 157, 153, and 55 (1) 3 of the Criminal Act (with respect to the offense of dismissal, confession) of the Criminal Act to be mitigated legally;

1. The scope of applicable sentences under law: Imprisonment with prison labor from one year and six months to six months;

arrow