logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.11.25 2016노3348
사기
Text

All judgment of the court below shall be reversed.

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

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (eight months in prison) is too unreasonable.

2. The Defendant filed an appeal against the judgment of the court below and decided to hold a joint hearing of all the above appeal cases. Each of the offenses committed by the court below against the Defendant is one of the concurrent offenses under the former part of Article 37 of the Criminal Act, and a sentence should be imposed within the scope of the term of punishment imposed pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below is no longer able to maintain it.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court is the same as that of each corresponding column of the judgment of the court below.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Among concurrent crimes, there are favorable circumstances for the defendant, such as the fact that the defendant's reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act recognizes his mistake as a primary offender and reflects it. On the other hand, each of the crimes of this case is that the defendant acquired a total of KRW 115 million by taking advantage of the trust relationship with the victims, and the crime is considerably poor in light of the circumstances, method, scale, etc. of the crime, the crime is most poor, the defendant was committed in most cases by the purchase of lottery tickets, etc., and it does not seem to have made any effort to recover the damage, and therefore, there are unfavorable circumstances against the defendant, such as the defendant's age, character, behavior, environment, health condition, motive and background of the crime, method, frequency, etc.

arrow