logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.05.26 2015노1696
사기등
Text

The part of the judgment of the court of first instance and the judgment of the court of second instance are reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The summary of the grounds for appeal that the sentence imposed by the court below on the defendant (the first instance judgment: imprisonment with prison labor for a year and six months, and the second instance: imprisonment with prison labor for a period of two months) is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant's ex officio, the defendant filed each appeal against the judgment of the court below Nos. 1 and 2, and the court decided to hold the above two appeals jointly for deliberation.

Since each crime of the first and second judgment against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence shall be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the part of the judgment of the court of first instance and the judgment of the court of second instance cannot be maintained any more.

3. When an appeal is filed against a conviction regarding a part of the judgment of the court of first instance regarding a compensation order, the confirmation of the compensation order shall be interrupted, and the compensation order shall be transferred to the appellate court along with the case of the defendant, even though the defendant appealed only to the part concerning the defendant's case among the judgment of the court of first instance, and even if the defendant did not object to the compensation order, the compensation order issued by the court of first instance was transferred to the court of first instance along with the case of the defendant.

However, the defendant did not assert the grounds for appeal regarding the part of the order for compensation by the first instance judgment, and unlike the judgment of the court of first instance, it cannot find the grounds for revoking or amending ex officio the part of the order for compensation by the court of first instance. Thus, this part

4. In conclusion, the part of the judgment of the court below of first instance and the part of the judgment of the court below of second instance are reversed ex officio. Thus, without examining the defendant's improper argument about sentencing as to this part, it is reversed, and it is again decided as follows.

[Judgment of the court below] The facts constituting an offense and summary of evidence recognized by the court and summary of the evidence are stated in the judgment of the court below of first instance.

arrow