전자금융거래법위반등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing: one year of suspended sentence in April; two years of suspended sentence in August; two years of probation observation in August; one hundred and twenty hours of community service; twenty-four hours of driving instruction in 24 hours; and forty hours of alcohol instruction in 40 hours) are too unreasonable.
2. Prior to the judgment on the grounds of ex officio appeal, the judgment of the first and second judgment against the defendant was rendered, and the defendant filed an appeal against them, and this court decided to hold a joint hearing of the above two appeals cases. Each of the above judgments of the court below against the defendant should be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act, since each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, each of the above judgment of the court below cannot be maintained.
3. As seen above, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 49(4)2 and 6(3)2 (a) of the Act on Electronic Financial Transactions in the relevant Act concerning the facts constituting an offense; Articles 148-2(1)1 and 44(1) (a) of the Road Traffic Act; Articles 152 Subparag. 1 and 43 (a) of the Road Traffic Act concerning the driving of drinking water);
1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (inter-sections of the crimes of violation of the Electronic Financial Transactions Act, and between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act;
1. Selection of each sentence of imprisonment;
1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment