사기방조등
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment for one year and two months, respectively.
evidence of seizure.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (10 months of imprisonment with prison labor for Defendant A, and one year and two months of imprisonment for Defendant B) is too unreasonable.
B. Prosecutor 1) misunderstanding of facts or misunderstanding of legal principles (not guilty part) the defendants delivered to Bosingman chips listed in [Attachment 2-4] Nos. 2-4 and the phone number was granted, and thus, the court below acquitted the Defendants of this part of the facts charged despite being provided for the use of telecommunications services. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment. 2) The sentence imposed by the court below of unfair sentencing is too uneasible,
2. We examine ex officio the Defendants and the prosecutor’s grounds for appeal prior to the determination of ex officio.
Article 97 subparag. 7 and Article 30 of the Telecommunications Business Act is added to the applicable provisions of the Telecommunications Business Act and the facts charged are as follows. Article 1-2 of the Telecommunications Business Act provides that "The part not guilty is not guilty) shall be maintained in violation of the Telecommunications Business Act No. 2 or No. 4 of the annexed crime list No. 1 among the facts charged in the instant case."
As stated in paragraph (1), an application for changes in indictment was filed, and this court permitted it, and the object of the adjudication was changed.
Therefore, the judgment of the court below is no longer maintained.
3. Accordingly, the judgment of the court below (including the acquittal part) is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendants and the prosecutor's grounds for appeal, and the judgment below is reversed and it is again decided as follows.
[C] A crime history [criminal records] Defendant B was sentenced to imprisonment with prison labor on December 3, 2015 at the Busan District Court on August 13, 2016 and was released on August 21, 2016, and the remaining term of imprisonment has expired on August 21, 2016.
【Criminal Facts】
1. Violation of the Telecommunications Business Act;