logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.10.16 2013노2287
전자금융거래법위반
Text

All the decisions of the first instance court are reversed.

The sentence against the accused shall be 5,000,000 won.

The defendant above.

Reasons

1. The summary of the grounds for appeal: (a) ex officio decision on February 2, 199; and (b) this court decided to concurrently deliberate on each appeal case against the first instance court decisions; and (c) each of the above offenses, which the first instance court found guilty, in relation to concurrent offenses under the former part of Article 37 of the Criminal Act, must be sentenced to a single sentence within the scope of a single sentence, in accordance with Article 38(1) of the Criminal Act; (b) as such, the said judgment of the first instance court shall be reversed due to the subsequent triggering circumstances.

3. According to the conclusion, the judgment of the first instance court is reversed ex officio under Article 364(2) of the Criminal Procedure Act without examining the defendant's respective arguments of unfair sentencing, and the following decisions are followed by oral arguments.

Since the criminal facts and the summary of the evidence recognized by the court are the same as those of the first instance court decisions, they shall be quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 49(4)1, Article 6(3)1, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act aggravated for concurrent crimes on January 1, 200; Article 70(2)1 of the Criminal Act; Article 48(1)1 of the Confiscation Criminal Act; Article 334(1) of the Criminal Procedure Act, the confiscation order of provisional payment on January 1, 2009, is an aggravated order of concurrent crimes.

arrow