logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.06.20 2013노1304
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

The defendant shall obtain money from the applicant for compensation 500.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (one year and two months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Prior to the judgment on the assertion of unreasonable sentencing by the Defendant and the prosecutor ex officio, the crime of this case and the crime of fraud for which the judgment on first head of the crime of this case has become final and conclusive is related to the latter concurrent crimes under Article 37 of the Criminal Act, and the crime of this case and the crime for which the said judgment has become final and conclusive under Article 39(1) of the Criminal Act shall be sentenced to the punishment of this case

However, the court below only stated the investigation report (the confirmation of facts during the trial of the same kind of suspect) in relation to the previous conviction in the summary column of evidence, and did not find any scambling of the trial through the judgment or the statement of related persons about what the contents of the previous conviction was stated.

Therefore, the court below cannot be deemed to have sentenced to punishment for the crime of this case in consideration of equity in cases where the above judgment was rendered simultaneously with the crime for which the above judgment became final and conclusive under Article 39(1) of the Criminal Act. Such measures by the court below are erroneous in the misapprehension of legal principles as to concurrent crimes under the latter part of Article 37 of the Criminal Act, or failing

3. Accordingly, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of unfair sentencing by the defendant and prosecutor, and the judgment below is reversed and it is again decided as follows.

[Dao-written judgment] The summary of facts constituting an offense and evidence admitted by this court is identical to the facts stated in the judgment below, except for the addition of "case summary agreement assistance, and judgment" to the previous facts in the judgment of the court below among the summary of evidence. Thus, Article 369 of the Criminal Procedure Act is applicable.

arrow