logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.01.31 2019노2542
사기등
Text

The judgment below

The remainder other than the confiscated part shall be reversed.

Defendants shall be punished by imprisonment for one year and six months.

Reasons

1. The summary of the grounds for appeal (e.g., a two-year imprisonment, confiscation) that the court below sentenced to the Defendants is too unreasonable.

2. In light of the following: (a) the Defendants showed the attitude of recognizing and reflecting each of the instant crimes; (b) the Defendants agreed with the victims; (c) the Defendants did not have any record of punishment exceeding the fine; and (d) the Defendants’ wife and leading the Defendant; and (b) other factors of sentencing as indicated in the instant pleadings, including the Defendants’ age, character and conduct, environment, and circumstances after the commission of the crime, the lower court’s punishment against the Defendants is somewhat unreasonable.

3. If so, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

The judgment below

As the forfeited part is not reversed, it shall not be indicated separately in the application of statutes.

1. The Defendants of relevant legal provisions concerning criminal facts: Articles 347(1) and 30 of the Criminal Act; Articles 352, 347(1), and 30 of the Criminal Act; Articles 231 and 30 of the Criminal Act; Articles 234, 231, and 30 of the Criminal Act; Articles 234, 231, and 30 of the Criminal Act; Articles 80 subparag. 5-3 and 57(3)2 of the Automobile Management Act; Articles 79 subparag. 13 and 53(1) of the Automobile Management Act; Articles 30 of the Criminal Act

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. The Defendants’ choice of punishment: Imprisonment with prison labor

1. Defendants from among concurrent crimes: the former part of Article 37 and Article 38(1) of the Criminal Act.

arrow