logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2015.11.19 2015노423
통화위조등
Text

1. The part of the judgment of the court below against Defendant A is reversed.

2. The defendant A is able to see the list of crimes attached to the court below.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each sentence (for the defendant A, 6 months of imprisonment, 4 years of imprisonment and 300,000 won of fine, and 1 year and 6 months of imprisonment) declared by the court below to the defendants is too unreasonable.

2. Determination

A. We examine ex officio the judgment on the part concerning Defendant A prior to the judgment on the grounds of appeal by Defendant A.

1) According to each of the criminal records of Defendant A, etc. (the original trial records 2015Dahap621 of the evidence records of the case), and the current status of personal confinement and confinement (the above evidence records 477 pages), the defendant A, who was sentenced by the Daegu High Court on March 20, 208 to imprisonment with prison labor for a maximum of three years and a short of two years on October 21, 2010, may be found to have completed the execution of the sentence. Thus, each of the crimes listed in the table of crimes attached to the lower court, Nos. 1, 2, and 3 of the Criminal Act (the date of the crime is between November 201, 2010 and January 2013).

(2) Article 35(1) of the Criminal Act provides that a repeated crime under Article 35(1) shall be deemed a repeated crime. Nevertheless, the lower court rendered a sentence on each of the above fraud without aggravated aggravation of repeated crime under Article 35(2) of the Criminal Act. In so doing, the lower court erred by misapprehending the law on the aggravation of repeated crime, thereby adversely affecting the conclusion of the judgment. (2) The lower court applied Article 46(2) of the Guarantee of Automobile Accident Compensation Act to the violation of the Automobile Accident Compensation Act.

However, Article 46 (2) of the current Guarantee of Automobile Accident Compensation Act (the statutory penalty is one year or less, or a fine of ten million won or less) was amended on January 6, 2015. Thus, the current Guarantee of Automobile Accident Compensation Act cannot be applied to the above criminal facts committed by the defendant prior to the enforcement of the current Guarantee of Automobile Accident Compensation Act, and the former Guarantee of Automobile Accident Compensation Act, a corporation at the time of the act, is the law of January 16, 2015.

arrow