logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.11.27 2015노3424
사기
Text

1. All the original decisions shall be reversed.

2. The defendant shall be punished by imprisonment for a period of one year and ten months; and

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) of the lower court is too unreasonable.

2. We examine ex officio the defendant's grounds for appeal prior to judgment.

The court held that each appeal against the defendant was jointly reviewed.

Since the crimes of each joined case are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed within the scope of the term of punishment aggravated according to the examples of Article 38(1) of the Criminal Act.

Therefore, the two decisions of the court below rendered on the defendant cannot be maintained any more.

3. If so, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, since there are grounds for reversal of the above authority, and it is again decided as follows.

Since both the facts of the crime and the summary of the evidence recognized by the court, the facts of the crime and the summary of the evidence are as stated in the judgment of the court below, they are cited as they are in accordance with Article

Application of Statutes

1. Relevant legal provisions concerning the facts of crime, Article 347(1) of the Criminal Act (the point of fraud), and the choice of imprisonment, respectively;

2. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes;

1. The conditions favorable to the defendant shall be as follows:

There is no record of punishment of the same kind or imprisonment without prison labor or more.

- Some damages were paid to the victim H.

2. The circumstances disadvantageous to the defendant shall be as follows:

The amount of fraud is a large amount.

The money obtained by deception was consumed by personal debt repayment and entertainment expenses, etc.

- Until now, the victims did not receive a letter of credit.

3. The above defendant's motive, means and result of the crime of this case, and all records, such as the defendant's age, character and conduct, environment, health status, previous conviction, and circumstances after the crime, are revealed.

arrow