logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2020.10.29 2020노123 (1)
사기
Text

The part of the first judgment and the part concerning the defendant in the second judgment shall be reversed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each of the original judgments (the first instance court: the imprisonment of three years and the imprisonment of eight months) is too unreasonable;

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant appealed against the judgment below, and the court decided to concurrently examine each of the above appeals cases.

However, since each crime of the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, a single sentence should be sentenced within the scope of the term of punishment imposed under Article 38(1) of the Criminal Act.

In this respect, each judgment of the court below can no longer be maintained.

3. Accordingly, the court below's decision is reversed in its entirety among the judgment of the court of first instance under Article 364 (2) of the Criminal Procedure Act and the part against the defendant among the judgment of the court of second instance under Article 364 (2) of the Criminal Procedure Act, and it is so decided as per Disposition by the assent of all participating Justices.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by this court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

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

1. From among concurrent crimes, in light of the reasons for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act and the circumstances leading up to the crime of this case and the law of the number of crimes, the number of crimes and the amount obtained by deception is not so specified, and there is no agreement with the victims up to the trial, and disadvantageous circumstances such as the number of crimes and the fact that the criminal records of this case can be seen as having been committed, and the judgment becomes final and conclusive.

arrow