logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.01.13 2016노3161
사기등
Text

The judgment below

The part on Defendant N is reversed.

Defendant

N shall be punished by imprisonment for a term of two years and two months.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on Defendant N (two years and six months of imprisonment) is too unreasonable.

2. Before determining the reasons for the appeal by Defendant N ex officio, the Prosecutor changed the “319,957,000 won” of the charge No. 1. A. 9 of the judgment of the court below to “319,374,000 won” in the charge No. 9 of the judgment of the court below (No. 5 of the crime No. 3 of the judgment of the court below) and applied for changes in the attached list No. 319,374,000 to the annexed crime No. 1 of the above charge. Since this court permitted this and thereby changed the subject of the judgment of this case, the judgment of the court below cannot be 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 N's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence acknowledged by this court is as follows: "319,957,00 won" of the 5th page of the facts charged in the judgment of the court below is changed to "319,374,000 won"; and "attached Table (1) of the crime committed in the judgment of the court below is changed to "319,374,000 won" of the 3th page of the facts charged in the judgment of the court below; and the summary of the evidence in the judgment of the court below is as stated in each corresponding column of the judgment of the court below except for the alteration to "1.1. Defendant N's legal statement" to "1. Defendant N's legal statement" in the judgment of the court below to "3.69 of the

Application of Statutes

1. Article 347(1) and Article 30 of the Criminal Act in relation to the facts constituting an offense, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and Articles 234 and 231 of the Criminal Act (the possession of a private document) concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (inter-Korean between crimes of gambling documents for each of the above investigations);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

arrow