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(영문) 서울중앙지방법원 2018.11.08 2018노1189

사기방조등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the first instance court (ten months of imprisonment) and the punishment sentenced by the second instance (six months of imprisonment) are too unreasonable.

(b)the sentence sentenced to the first instance judgment (ten months of imprisonment) of the Prosecutor and the sentence sentenced to the second instance judgment (six months of imprisonment) are deemed to be too uneasy and unreasonable;

2. We examine ex officio the judgment of the court below on the grounds of appeal by the defendant and prosecutor.

The judgment of the court below against the defendant was rendered and the defendant and the prosecutor filed each appeal against all of the judgment below, and this court decided to consolidate the two appeals cases.

Since each of the judgment below's offenses is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act, the judgment below cannot be maintained in its entirety.

3. As above, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the judgment of the court below as to each of the defendant and prosecutor's unfair sentencing claims against the judgment below, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.

[Judgment in its entirety] The facts constituting an offense and the summary of the evidence admitted by the court and the summary of the evidence are as follows: (a) except for the addition of “1. Defendant’s original trial testimony” to the summary of the evidence of the first instance judgment, as stated in each corresponding column of the judgment of the court below; and (b) thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 49 (4) 1 of the relevant Act, Article 49 (4) 1 of the Electronic Financial Transactions Act, Article 6 (3) 1 of the same Act, Article 347 (1) and Article 32 of the Criminal Act, and Article 32 of the same Act, each of the choice of imprisonment for a crime;

1. Article 32(2) and Article 55(1)3 of the Criminal Act for aiding and abetting a person mitigated;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 37 of the Aggravation of Concurrent Crimes Act.