(영문) 창원지방법원 2017.11.29 2017노889 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2017.11.29 2017노889

사기

Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Improper sentencing for each of the reasons for appeal;

2. The lower court rendered a sentence by taking account of the circumstances in which the Defendants were convicted of having committed a crime, taking into account the fact that there are many criminal records for the same kind of crime, and that the damage was not recovered, under favorable circumstances.

The defendants made efforts to recover damage, and the victim in the trial submitted a written agreement that the victim would not be punished by the original agreement with the defendants.

Inasmuch as the sentencing conditions of the lower court were changed, the lower court’s punishment is unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court is as follows: (a) the facts constituting an offense of the lower judgment [criminal records] 3 acts of the lower court, except that the phrase “ May 24, 2015” as “ February 24, 2015,” is the same as the corresponding column; and (b) thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. The circumstances surrounding the reasons for sentencing under Article 62-2 of the Criminal Act, which include observation of protection; and

참조조문

유사 판례

-창원지방법원 2017.12.27 2017노2153

-창원지방법원 2018.04.25 2018노410

-창원지방법원 2017.11.15 2017노2100

-창원지방법원 2017.11.01 2017노2624

-창원지방법원 2017.10.18 2017노2348