logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.01.20 2016노3735
사기등
Text

All judgment of the court below shall be reversed.

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

Reasons

1. Each sentence (the first instance judgment: imprisonment with prison labor for six months, and the second instance judgment: imprisonment with prison labor for three months, and the third instance judgment: fine of 1.5 million won) imposed by the lower court on the Defendant concerning the gist of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the Defendant appealed from all of the judgment below. This court decided to hold a joint hearing of the above appeal cases.

Each crime of the judgment below against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, so the judgment of the court below cannot be maintained in its entirety.

3. The court below's conclusion is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the court below's decision is reversed in its entirety, and it 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 are identical to the facts charged and the summary of the evidence, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, the choice of punishment (the fraud point, the selection of punishment by imprisonment), Article 37 subparag. 10 (the illegal use of resident registration numbers, the selection of punishment by imprisonment), Article 239(1) of the Criminal Act, Article 239(2) and Article 239(1) of the Criminal Act, Article 239(2) of the Criminal Act, and Article 37 subparag. 8 (the illegal use of resident registration certificates and the selection of punishment by imprisonment) of the Resident Registration Act

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: (a) the Defendant recognized all of the instant crimes, and is in depth against the Defendant; and (b) the victim Y does not want to be punished against the Defendant.

However, each of the instant fraud crimes is committed.

arrow