logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.08.18 2014노2345
횡령등
Text

We reverse the judgment of the court below.

Defendant shall be punished by a fine of four million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (the first instance court: the fine of 4 million won, the second instance court: the fine of 2.5 million won) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the defendant filed an appeal against the judgment of the court below, and the court decided to concurrently deliberate on the appeal against the judgment of the court below. Each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed within the term of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.

In addition, the record reveals that the Defendant was sentenced to 8 months of imprisonment, 2 years of suspended execution, and 120 hours of community service due to the charge of forging private documents at the Jeonju District Court on December 12, 2014 and the above judgment became final and conclusive on December 20, 2014. The crime of forging private documents, etc. for which the above judgment became final and conclusive, and each of the crimes of this case were related to concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment is determined in consideration of equity in cases where the judgment is to be rendered at the same time in accordance with Article 39(1) of the Criminal Act. Therefore, the lower judgment

3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows: “The defendant was sentenced on December 12, 2014 to 8 months of imprisonment, 2 years of suspended execution, and 120 hours of social service at the previous District Court on December 12, 2014 and the above judgment became final and conclusive on December 20, 2014” in the first head of the facts charged by the court below, and “J” in Part II of the second judgment of the court below as “K.”

arrow