logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.07.29 2015노1048
사기
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court against the Defendant is too unreasonable.

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

The lower court, while citing the attached list of crimes in the part concerning the case of "2014 Highest3978" among the facts constituting an offense in its judgment, omitted the attached list of crimes in the lower judgment.

Therefore, there is an error in the judgment of the court below regarding the part concerning the "2014 Go-Ma3978" case, which is not specified in the facts of crime.

On the other hand, the remaining criminal facts against the defendant and non-specified criminal facts are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be imposed. Accordingly, the part of the judgment of the court below against the defendant cannot be maintained.

3. If so, the part of the judgment of the court below against the defendant is reversed under Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's assertion of unfair sentencing.

[Dao-written judgment] The summary of criminal facts and evidence against the defendant is identical to the description of each corresponding column of the judgment below, and all of them are cited in accordance with Article 369 of the Criminal Procedure Act, except for addition of a list of offenses in the last part of the judgment of the court below.

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the following favorable circumstances for the reason for sentencing);

1. Imprisonment with prison labor for not more than 15 years;

2. Application of the sentencing criteria [the range of recommending punishment] General Fraud (the amount less than 100 million won) and the aggravated area (one year to two years).

arrow