logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2018.09.20 2018노412
사기등
Text

The part of the judgment of the court of first instance excluding the compensation order and the judgment of the court of second instance shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each of the judgments of the court below (one year and six months imprisonment, and two months imprisonment: 10 months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the judgment of the court below against the defendant was rendered separately, and the defendant filed an appeal against all of the judgment of the court below, and this court decided to hold concurrent hearings of each of the above appeal cases. Since each of the offenses of the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment shall be imposed in accordance with Article 38(1) of the Criminal Act, and in this regard, the judgment of the court below cannot be maintained as it is.

3. In conclusion, the judgment of the court below is reversed as the above reasons for reversal of the defendant's ex officio. Thus, without examining the defendant's unfair argument of sentencing, the part of the judgment of the court of first instance excluding the compensation order among the judgment of the court of first instance and the judgment of the court below excluding the compensation order under Article 364 (2) of the Criminal Procedure

[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the relevant Criminal Code for criminal facts (the point of fraud), Article 15 (2) and Article 6-2 of the Reserve Forces Act, Article 15 (9) 1 and Article 6 (1) of the Reserve Forces Act (the point of failure to participate in the training of the reserve forces) of the Act, and selection of imprisonment for each sentence of imprisonment;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment and aggravated punishment shall be imposed on the victim E with the largest penalty), No. 370,000 won in the list of crimes of fraud No. 1 in the judgment of first instance, and the aggravated punishment for concurrent crimes with the amount of damage determined in KRW 1070,000 in the amount of damage);

1. Article 25(1) and Article 31 of the Act on Special Cases concerning the Promotion, etc. of Compensation Orders and Declaration of Provisional Execution Action is favorable to the defendant for reasons of sentencing.

arrow