logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2020.02.13 2019노1763
점유이탈물횡령등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal ex officio, the Prosecutor changed the user fraud by using computers, etc., and attempted larceny by using computers, etc., from among the names of the crimes prosecuted for the first time in the trial, to larceny and attempted larceny, and deleted Articles 347-2 and 352 of the Criminal Act from the applicable provisions, and added Articles 329 and 342 of the Criminal Act. Meanwhile, the Prosecutor’s application for changes in indictment by the Prosecutor No. 1-B of the facts charged, and the written application for changes in indictment by the Prosecutor No. 1-B of the facts charged, it is obvious that the

A request for amendments to a bill of amendment to the contents of paragraph 2(b)(attached Form) was made, and this court permitted this and changed this part of the judgment, so this part of the judgment of the court below is no longer maintained.

In addition, since the crime of fraud by use of computers, etc., fraud by use of computers, etc. and the remaining crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, one of the judgment below should be reversed.

3. The judgment of the court below is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen earlier. The judgment below is reversed, and it is again decided as follows.

[Discied reasoning of the judgment below] The criminal facts acknowledged by this court are identical to the facts charged under paragraph (2) among the judgment on the first-A, (c) and 2-A and the grounds for appeal in the judgment of the court below.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol against J;

1. The police statement of H;

1. Police statements prepared B;

1. Each report on internal investigation (verification of the location of a self-reader, and CCTV interior of an generated area);

1.Each investigation report shall be conducted with CCTV investigations.

arrow