logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2014.08.26 2014노36
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. According to the Defendant’s written statement of grounds for appeal, the Defendant did not submit the written statement of grounds for appeal despite being served on January 7, 2014, and the petition of appeal does not contain any grounds for appeal. However, as long as the judgment of the lower court is reversed on the grounds of ex officio reversal, a decision to dismiss the Defendant’s appeal on the grounds of failure to submit the written statement of grounds for appeal is not rendered.

2. We examine ex officio determination.

According to the records, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Daegu District Court on December 13, 2012, and the said judgment became final and conclusive on December 21, 2012, and the Defendant was sentenced to one year of imprisonment for embezzlement, etc. at the Daegu District Court on August 29, 2013, and on September 6, 2013, the said judgment became final and conclusive on September 6, 2013, and the Defendant’s crime of this case in both the above final and conclusive judgment and the latter concurrent crimes under Article 37(1) of the Criminal Act should be determined after examining whether to reduce or exempt the sentence.

In this respect, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: “The defendant was sentenced to ten months of imprisonment with prison labor at the Daegu District Court on December 13, 2012; on December 21, 2012, the above judgment became final and conclusive; on August 29, 2013, the defendant was sentenced to one year of imprisonment with prison labor at the Daegu District Court on August 29, 2013; on September 6, 2013, the above judgment became final and conclusive” in the first part of the facts charged of the judgment of the court below; and “the summary of the evidence.”

arrow