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(영문) 전주지방법원 2017.08.24 2017노245
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (4 months of imprisonment) is too unreasonable.

B. The Prosecutor’s above sentence is too uneasible and unreasonable.

2. A prosecutor who had been sentenced to a suspended sentence of two-year imprisonment with labor for a violation of the Illegal Check Control Act at the Jeonju District Court on November 29, 2009, and on October 17, 2013, the Jeonju District Court sentenced a suspended sentence of two-year imprisonment with labor for a crime of fraud.

“A person who was sentenced to a suspended sentence of two years for a violation of the Illegal Check Control Act at the Jeonju District Court on November 29, 2009, and was sentenced to a suspended sentence of three years on February 20, 2010, which became final and conclusive on February 20, 2010. On October 17, 2013, the Jeonju District Court sentenced a suspended sentence of two years for a one-year imprisonment for fraud at the Jeonju District Court, which became final and conclusive on October 25, 2013.

“Application for Amendments to Bill of Indictment was filed,” and the subject of the adjudication was changed by this court’s permission, and the judgment of the court below was no longer maintained.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the above grounds for reversal ex officio. The judgment below is reversed and it is again decided as follows.

[Grounds for the judgment below] Criminal facts and summary of evidence recognized by the court and summary of criminal facts and summary of evidence were confirmed among the facts constituting the crime of the judgment below.

“A final and conclusive judgment,” and on November 29, 2009, the former District Court sentenced a two-year suspended sentence to a crime of violating the Illegal Check Control Act, and the said judgment became final and conclusive on February 20, 2010. On October 17, 2013, the former District Court sentenced a two-year suspended sentence of imprisonment for a crime of fraud at the former District Court for a one-year period of imprisonment and became final and conclusive on October 25, 2013.

“A previous conviction in the judgment of the court,” and “a previous conviction in the judgment of the court,” the summary of the evidence.

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