logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2013.08.09 2013노337
절도등
Text

The remaining parts of the judgment of the court below, excluding the rejection of an application for compensation order, and the second judgment.

Reasons

1. The summary of the grounds for appeal (No. 1: Imprisonment with prison labor for 10 months and imprisonment for 8 months) that the court below sentenced to the defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the first and second court rendered a judgment after examining each of the above judgments against the defendant, and the defendant filed an appeal against each of the above judgments, and this court decided to hold concurrent hearings of the above two appeals. Each of the crimes in the first and second judgment against the defendant is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and must be sentenced to a single sentence within the scope of a limited term of punishment under Article 38(1) of the Criminal Act. In this regard, the judgment of the court below against the defendant cannot be exempted from all of the reversal.

3. As such, the remaining parts of the judgment of the court of first instance excluding the rejection of the application for compensation order, and the judgment of the court of second instance excluding the rejection of the application for compensation order excluding the rejection of the application for compensation order among the judgment of the court of first instance excluding the part of the judgment of the court of first instance excluding the rejection of the application for compensation order pursuant to Article 364

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 360 (1) of the Criminal Act (the point of larceny), Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act (the point of fraud), Article 70 (1) 3 of the Specialized Credit Financial Business Act (the point of use of credit card which is lost comprehensively), Article 230 of the Criminal Act, the choice of imprisonment for each of the following:

1. The Criminal Act among repeated crimes;

arrow