logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.03.27 2013노4011
사기등
Text

All the judgment of the court below, excluding the compensation order part, shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Summary of Grounds for Appeal

Each sentence sentenced by the court below to the defendant (the first instance court's judgment: imprisonment with prison labor for a year, June, and 2: Imprisonment for a period of four months and April: imprisonment with prison labor for a period of four months) is too unreasonable.

The first, second, and third court sentenced each judgment after completing a separate hearing on the accused respectively, and the accused filed an appeal against each of the decisions, and this court decided to hold a joint hearing on the appeal case.

The crimes of the first, second, and third trials against the defendant are related to concurrent crimes under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of punishment aggravated by concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot avoid all reversal.

In conclusion, the judgment of the court below 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 its entirety, and it is again decided as follows through pleading.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are all the same as the entries of the judgment below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 231 of the Criminal Act, Article 30 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 30 of the Criminal Act, Article 347 (1) and Article 30 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act for each of the crimes of conceptual concurrences;

1. Selection of each sentence of imprisonment;

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

1. The reason for sentencing under Article 333(1) of the Return Criminal Procedure Act is that the defendant confessions all of the crimes of this case and reflects his depth, and that the defendant has no record of the same kind of power and sentence.

arrow