logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2013.10.31 2013도10395
공문서위조등
Text

The appeal is dismissed.

The third 19th 19th am “S” in the judgment of the first 19th am “U,” and the second 17th am the judgment of the court below.

Reasons

The grounds of appeal are examined.

The judgment below

According to the reasoning of the first instance judgment maintained by the court below, on November 9, 2010, the defendant was sentenced to a suspended sentence of one year for the purpose of aiding and abetting a violation of the Specialized Credit Financial Business Act at the Busan District Court on November 9, 2010, and the judgment became final and conclusive. The ground of appeal pointing out that the crime of this case and the crime for which the judgment became final and conclusive are in the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act, and it is obvious that the first instance court, which sentenced the punishment for the crime of this case, has maintained at the same time in consideration of the case where the crime of this case and the above crime for which judgment became final and conclusive under Article 39(1) of the Criminal Act and equity

And the defendant voluntarily surrendered.

Even if a self-denunciation is a mere fact that the court can voluntarily reduce the punishment against the self-denunciation, and the court below did not reduce the self-denunciation.

Thus, it cannot be deemed unlawful.

Meanwhile, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable

Therefore, the appeal is dismissed. The third 19th 17th 17th 17th 17th 17th 200 of the judgment of the court below is clear that the "S" in the first 19th 19th 19th 19th 17th 17th 17th 2nd 2nd 2nd 17th 2nd 2nd 2nd 2nd 2nd 2nd 3th 2nd 3th 2nd 3th 2

arrow