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(영문) 서울중앙지방법원 2015.01.29 2014노3907

사기방조

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Nos. 1, 2, 3, 5 through 12, of seized evidence.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (long-term one year and two months of imprisonment, and short-term ten months) is too unreasonable.

Before the judgment on the grounds for appeal by the defendant's ex officio, the defendant was Ulin, and the defendant was sentenced to an irregular term of punishment pursuant to Article 60 (1) of the Juvenile Act at the time of the judgment of the court below as Ulin and was sentenced to an unfair term of punishment pursuant to Article 60 (1) of the Juvenile Act. However, the court below's judgment that sentenced the defendant to an irregular term of punishment was no longer maintained as above, since it is apparent that the defendant was 19 years of age

Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347 (1), 32, and 30 of the Criminal Act concerning facts constituting an offense;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;