logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2019.09.06 2019노384
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

Reasons

1. The summary of the grounds for appeal (the first instance court: imprisonment with prison labor for 6 months, and the second instance court: imprisonment with prison labor for 1 year and 6 months) that the court below made against the defendant is too unreasonable;

2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.

The defendant filed an appeal against the judgment of the court below, and the court decided to consolidate the above appeal cases.

Each crime of the judgment below against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal, and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and the summary of evidence recognized by the court is identical to the facts constituting the crime and the summary of evidence in the court below's judgment as stated in the corresponding column of the court below's judgment 1 and 2. Thus, they are quoted as it is in accordance with

Application of Statutes

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the choice of the applicable law for the crime, Article 347 (2) 2 of the Criminal Act, Article 276 (1) of the Punishment of Violences, etc. Act, Article 276 (1) of the Criminal Act, Articles 258-2 (1), 257 (1), and 30 of the Criminal Act, Article 258-2 (1), Article 257 (1), and Article 30 of the Criminal Act, Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act, Article 257 of the Criminal Act, Article 257 of the Criminal Act,

1. From among concurrent crimes, the defendant's reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Bodily Injury Crimes) of the Criminal Act is against all the crimes of this case.

arrow