logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.07.24 2014노1822
사기등
Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Summary of Grounds for Appeal

The punishment of the original court (the first instance court; the second instance court's imprisonment with prison labor for 10 months; 4 months) is unreasonable.

Before the judgment on the above argument of the defendant's ex officio is made, the judgment of the court below that the defendant appealeds the above argument of the defendant's ex officio, and as the judgment of the court below that the defendant appealeds in the trial, each crime of the judgment of the court below against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and the judgment of the court below should be concurrently rendered pursuant to Article 38

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is so decided as follows.

[Dao-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of each judgment below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 347(1) and 30 (Application of Article 30 of the Criminal Act only to the fraud, victim Q, AS, ATS, AT, AU, and AV) of the Criminal Act as to the crime, Article 2(2) and 3 of the Punishment of Violences, etc. Act, Article 350(1) of the Criminal Act (a) of the Criminal Act (a point of joint conflict)

1. Selection of each sentence of imprisonment;

1. Among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is against the defendant, multiple crimes were received several times due to a number of crimes, and the defendant committed each of the crimes of this case again without complying with the direction and supervision of the probation officer, despite the fact that the defendant was hospitalized in a juvenile reformatory and was put on probation after returning to society by a decision of temporary release, and agreed with some victims at the trial.

arrow