logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2014.11.06 2014노1187
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The summary of the grounds for appeal is unreasonable by the lower court’s imprisonment (one year of imprisonment).

2. In light of the fact that the applicable criminal law or the nature of the crime of this case is inferior, the amount of damage is high, and the agreement or the recovery of damage is not made until the trial is in progress, the defendant shall be punished with strict punishment corresponding to the act.

However, the lower court’s punishment is unreasonable in view of the following: (a) the confession of a crime has been made in depth while committing a crime; (b) there has been no particular criminal power except the previous fine power; and (c) the instant crime was not tried together with other crimes for which the sentence has become final and conclusive; and (d) other conditions of sentencing as indicated in the records and arguments, such as the background and means of the crime, the circumstances after the crime, the career of the

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

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, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Preparation of qualification documents and holding of events: Articles 232 and 234 of the Criminal Act;

(b) Fraud: Article 347 (1) of the Criminal Act.

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

arrow