(영문) 울산지방법원 2020.04.09 2019노1117 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 울산지방법원 2020.04.09 2019노1117

사기

Text

The judgment below

Among them, the part of the judgment of Defendant A with respect to the first and second crimes and the part on Defendant B shall be reversed, respectively.

Reasons

1. Summary of grounds for appeal;

A. The defendants' punishment ( ① Defendant A: Imprisonment with prison labor for the crimes No. 1 and No. 2 in the judgment of the court below; 2. Defendant B: imprisonment for the crimes No. 3 and No. 4 in the judgment of the court below; imprisonment for the six months; imprisonment for the crimes No. 3 and No. 5 in the judgment of the court below; imprisonment for the two months in the judgment of the court below; 2 years in the probation for the two months in the judgment of the court below; 160 hours in the community service order for each of the

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination ex officio as to Defendant B’s portion of the judgment below

A. The lower court rendered a judgment on the whole of the defendant's case on the ground that the crimes of Articles 3 and 4 as indicated in the judgment of the lower court are concurrent crimes between the crimes of fraud and the latter part of Article 37 of the Criminal Act, and the crimes of Articles 3 and 4 as indicated in the judgment, two years of probation in June, and two years of probation in February, but the community service order was issued to Defendant B for 160 hours without specifying which it was attached to any of the above probations.

However, community service is an additional order while suspending the execution of a sentence (see, e.g., Supreme Court Decision 2007Do8373, Apr. 11, 2008). Thus, in cases where some crimes are concurrent crimes with other crimes for which judgment has become final and conclusive as in this case, and where the order of community service is imposed separately from the main sentence and the two or more suspended sentence are imposed, and where the order of community service is added, the order of community service should be imposed clearly as to each suspended sentence.

Nevertheless, the lower court imposed two suspended sentence on Defendant B, and added a single community service order without specifying whether to add a community service order with respect to any of the suspended sentence. In this regard, the part of the lower judgment on Defendant B cannot be maintained as it is.

B. The fifth crime in the holding of the court below is a court.

참조판례

-대법원 2008. 4. 11. 선고 2007도8373 판결

유사 판례

-울산지방법원 2020.11.12 2020노1065

-광주지방법원 2019.07.10 2019노1147

-수원지방법원 2013.01.17 2012노4125

-부산지방법원 2021.04.08 2021노24

-울산지방법원 2015.10.23 2015노532