logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.05.17 2017노4668
사기등
Text

The judgment of the court below is reversed.

As to the crimes No. 1 and No. 3 in the judgment of the defendant, a fine of KRW 3 million shall be imposed, and the crimes No. 2 in the judgment shall be imposed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to five million won) is too unreasonable.

2. Reviewing the reasoning of the Defendant’s appeal ex officio prior to the judgment on the grounds of appeal by authority, the record reveals that the Defendant was sentenced to imprisonment with prison labor for six months as a crime of perjury at the Busan District Court on May 21, 2015 and one year as a suspended sentence, and that the said judgment became final and conclusive on May 29, 2015.

Since the crime for which the above judgment has become final and conclusive and the crime Nos. 1 and 3 of the judgment of the court below are concurrent crimes after Article 37 of the Criminal Act, each punishment shall be sentenced for the crimes of No. 1 and 3 of the judgment of the court below and the crimes of No.

Nevertheless, as the lower court rendered a single sentence, the lower judgment was no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and it is again decided after pleading.

[Re-written judgment] The summary of the facts constituting the crime and the evidence admitted by this court and the summary of the evidence were the first head of the lower judgment’s criminal facts and the judgment became final and conclusive on May 29, 2015 after having been sentenced to one year of suspension of execution for six months for perjury at the Busan District Court on May 21, 2015.

“In addition to adding “1.........., the pertinent column of the lower judgment is the same as that of the relevant column of the lower judgment, and as such, the same shall be cited in accordance with Article 369 of the Criminal Procedure Act, as it is, in addition to the addition of “1...............”

Application of Statutes

1. Relevant provisions of the law regarding facts constituting an offense, Article 109 subparagraph 1 of the Judicial No. 109 (a point of handling the legal affairs of a person who is not an attorney-at-law) of the law, Article 347 (1) of the Criminal Act, and selection of fines, respectively;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The latter part of Article 37 of the Criminal Code for the Handling of Concurrent Crimes, provided that Article 39 Section 1 of the Criminal Code has become final and conclusive.

arrow