logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.05.19 2017노336
사기등
Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for a term of one year and ten months.

Reasons

1. Summary of grounds for appeal;

A. The punishment of Defendant 1 and 2 (the first instance judgment: imprisonment with prison labor for one year and six months, and the second instance: imprisonment with prison labor for four months) is too unreasonable.

(b) The sentence of the first instance judgment of the Prosecutor (one year and six months of imprisonment) is too unhued and unreasonable;

2. As the judgment of the court below in the first and second trials against the defendant, the defendant filed an appeal (the prosecutor's appeal against the judgment of the court of first instance against the judgment of the court of first instance) against this judgment, and the court decided to hold concurrent hearings of the above two appeals cases. The crimes of the first and second judgments against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be imposed in accordance with Article 38 (1) of the Criminal Act. Thus, the judgment of the court of first and second trials cannot be maintained as they are.

3. In conclusion, the judgment of the court below Nos. 1 and 2 is reversed on the grounds that the above judgment of the court below is reversed ex officio, and the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows.

[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below, except for deletion of "(as to the crimes 4 and 6 of the judgment below)" in the column of "1. Defendant's court statement (as to the crimes 4 and 6 of the judgment below)" in the column of "1. Defendant's court statement (as to the crimes 4 and 6 of the judgment below)". Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to the crime and Article 347(1) of the choice of punishment (the fraud, the choice of imprisonment), Article 137 of the Criminal Act (the interference with the performance of public duties by deceptive means, the choice of imprisonment), Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the unauthorized driving of each driver's license, the choice of imprisonment), Articles 148, 54(1) of the Road Traffic Act (the failure to take measures after an accident, the choice of imprisonment), Article 46(2)2, and Article 8 of the Guarantee of Automobile Compensation Act.

arrow