logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2015.08.12 2015노365
사기
Text

The judgment of the court below is reversed.

Defendant shall be sentenced to two months of imprisonment with prison labor, and the first judgment of the lower court shall be sentenced to the first offense of the second judgment.

Reasons

1. The summary of the grounds for appeal (e.g., indubity): The sentence of each original court (e.g., the first instance court: the imprisonment of six months and the second instance: the imprisonment of two months and the imprisonment of six months) is too unreasonable; and

Prosecutor: On the first judgment of the court below, the sentence of the court below is too unhued and unreasonable.

2. Prior to the judgment on each of the grounds for appeal above, the first and second court sentenced the defendant to the above punishment by examining the above grounds for appeal ex officio before the judgment on each of the above grounds for appeal, and sentenced the defendant to the above punishment. The defendant to the first and second court judgment, the prosecutor filed an appeal against the first and the second court, and the court of the first instance decided to hold concurrent trials. Each of the crimes of the first and the second court's judgment against the defendant as well as the second and the second court's judgment are concurrent crimes under the former part of Article 37 of the Criminal Act and must be sentenced to a single sentence within the scope of punishment aggravated under Article 38 (1) of the Criminal Act. Thus, all of the judgment of the court below cannot be exempted from reversal.

3. Accordingly, the judgment of the court below is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s allegation of unfair sentencing, and it is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for Aggravation of repeated crimes (each crime of subparagraphs 2 through 8 of the Judgment of the first instance and second instance);

1. The latter part of Article 37 of the Criminal Act and Article 39 (1) of the Criminal Act;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the Criminal Act, among concurrent crimes (each crime listed in the judgment of the first instance and the second instance).

arrow