beta
(영문) 의정부지방법원 2016.04.14 2016노153

전기통신사업법위반등

Text

The judgment below

Among them, the part of additional collection against the defendant shall be reversed.

8,273,00 won shall be collected from the defendant.

Reasons

The decision of the court below on the grounds of appeal (ten months of imprisonment, confiscation, and collection) is too unreasonable.

Judgment

It is recognized that the defendant has no record of crime in the judgment on the reasons for appeal.

However, it is not easy for the Defendant to commit a crime such as selling a bitular phone that can be abused as a means of various crimes, and taking over and keeping an access medium.

In addition, the Defendant appears to have led to the supply of mobile phone devices and safe chips and fund management in committing the instant crime in violation of the Telecommunications Business Act. Therefore, the degree of participation is more serious than the co-defendants of the lower court.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed unfair because it is too unreasonable.

Therefore, the defendant's assertion is without merit.

The court below, ex officio, should have collected 8,273,00 won from the defendant [2,825 won - 3,431,00 won (the amount confiscated from the defendants in the court below) / [3]. However, since 9,450,00 won was collected, there was an error of law by misunderstanding the legal principles concerning additional collection under Articles 48(2) and 48(1)2 of the Criminal Act, which affected the conclusion of the judgment.

I would like to say.

In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, since there is a ground for reversal of the above ex officio as to the additional collection of the defendant among the judgment below, and KRW 8,273,000 shall be collected from the defendant pursuant to Article 48(2) and 48(1)2 of the Criminal Act.

Since the appeal by the defendant is groundless, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.