logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2015.04.03 2014노2819
사기
Text

All the judgment below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The main points of the grounds for appeal are that the sentence imposed by the court below on the defendant (No. 1: imprisonment of 1 year and 2 months, and fine of 1 million won) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the judgment of the first and second judgment against the defendant was rendered, and the defendant filed an appeal against them, and the court decided to hold a joint hearing of the above two appeals cases. Each of the crimes in the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the first and second judgment cannot be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, and the judgment below is reversed and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of applicable sentences: Imprisonment for one month to thirty years; and

2. The scope of recommended sentences according to the sentencing guidelines (decision of type), fraud, general fraud, type 1 (less than KRW 100,00) [Special Aggravation] (aggravated factor), unspecified persons or multiple victims, or committing repeatedly during a considerable period of time, the subject of aggravated repeated crimes of the same kind [decision of the recommended sphere] [the scope of sentence of recommendation] [the scope of sentence of punishment] increased [one year or two years and six months].

3. Determination of sentence shall be favorable to the pleadings of this case.

arrow