logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.06.03 2015노3160
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

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

Defendant shall be punished by imprisonment for a period of three years and six months.

Reasons

1. The main point of the grounds for appeal is that the punishment of the lower court (No. 1 and June, and No. 2: Imprisonment with prison labor for a year and three years) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the judgment of the court below Nos. 1 and 2 against the defendant was rendered, and the defendant filed an appeal against each of the above judgment of the court below, and this court decided to hold concurrent hearings of the above two appeals cases. Since each of the crimes of the judgment Nos. 1 and 2 are concurrent crimes under the former part of Article 37 of the Criminal Act, a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act, the part of the judgment of the court below No. 1 and the judgment of the court below No. 2 cannot be maintained except for compensation order.

3. In conclusion, since the part of the judgment of the court below and the judgment of the court below excluding the compensation order among the judgment of the court below 1 and 2 is reversed ex officio as above, there is an appeal as to the order for compensation order of the court below 2 by the defendant's appeal pursuant to Article 364 (2) of the Criminal Procedure

However, although the defendant did not submit a separate reason for appeal, and there is no evidence that the compensation order is illegal even after examining the record, the part of the compensation order for the second instance decision shall maintain the original judgment.

The following judgments shall be rendered after pleading:

[Re-judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the corresponding column of the first and second judgments, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) and Article 30 of the Criminal Act regarding the crime at issue and Articles 347(1) and 30 of the Criminal Act (including the victims of the instant case, No. 2016 No. 835), each of which covers each victim, shall be punished by imprisonment], Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347(1) of the Criminal Act.

arrow