beta
(영문) 부산지방법원 2018.02.23 2017노2771

특수절도등

Text

1. Of the judgment of the court of first instance, the part of the case against the defendant against the defendant A, B, and C and the compensation order against the petitioner J and K.

Reasons

1. Summary of grounds for appeal;

(a) Defendant A, B, C, KO, Q, KR, and each sentence pronounced by the lower court (Defendant A: one year and six months of imprisonment with labor for the first instance court; two months of imprisonment with labor for the second instance court; Defendant B: the first instance court’s imprisonment with labor for three years and six months; Defendant B’s imprisonment with labor for three years and six months; Defendant C: two months of imprisonment with labor for the third instance court; three months of the third instance court’s imprisonment with labor for the third instance; Defendant KO: the second instance court’s imprisonment with labor for 496, 1618, and 187; six months of imprisonment with labor for the second instance; imprisonment with labor for 2017 or with labor for 2595; imprisonment with labor for a period of one year and six months; imprisonment with labor for a period of one year and three years; imprisonment with labor for a probation of one year, one year and three years of one year, one year and three years of one year and one year, one year and two years of one and two years of one, or more; Defendant K.

B. The prosecutor (as to Defendant KP and KS), each sentence (as to Defendant KP: fine of KRW 15 million; and Defendant KS: fine of KRW 10 million) declared by the lower court, is deemed to be too uneasible and unfair.

2. Determination

A. Ex officio decision 1) Consolidated Hearing (Defendant A, B, and C) with respect to the judgment of the court below 1, 2, Defendant B, and C, as to the judgment of the court below 1, 1, and 3, each appeal was filed against the judgment of the court below and the pleadings were combined in the trial at the first instance. Each of the crimes that the judgment of the court below rendered against the above Defendants should be sentenced to a single punishment pursuant to Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. As such, the parts of the judgment of the court below 1, 3, and 2, which separately sentenced punishment for each of the above crimes, cannot be maintained

2) Of the charges No. 1 in the first instance trial 2017 order 1935 order 2017 order 1935 order, Defendant B and C borrowed the medium and password of electronic financial transaction access in the name of each 18 victims.

“AZ, AX, CM, CN, CN, CO, LZ, CF, CE, CE, CG, CH, CA, MA, CTS, CTS, CV, CB, and CB at each place unclaimed area around each time, as shown in the attached list of crimes, all of the 18 persons, including the physical card in their names.