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(영문) 광주지방법원 2017.07.18 2016노2288 (1)
유사수신행위의규제에관한법률위반등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of three years and three months.

The applicant for compensation shall be the AF andN, respectively.

Reasons

1. The defendant asserts that the punishment of the court below is too excessive and unfair, while the prosecutor asserts that the punishment of the court below is too uneasible and unfair.

2. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor ex officio, this Court decided to concurrently examine the appeal cases against the lower judgment. Each of the lower judgment against the Defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed within the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the lower judgment cannot be maintained.

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on the Regulation of Similar Receiving of Punishment, Articles 6(2) and 4 (Violation of Prohibition of Similar Receiving Advertisement), Articles 6(1) and 3 of the Act on the Regulation of Similar Receiving Act (in combination of cases), Article 347(1) of the Criminal Act (in the case of similar receiving act), and each of the two Articles, Articles 347(1) of the Criminal Act (in the case of fraud), and choice of imprisonment

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

1. Dismissal of application for compensation;

(a) Applicant AF: Article 32(1)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (it is not reasonable to issue an order for compensation, as the scope of liability for compensation of the defendant is unclear);

B. ApplicantN: Article 32 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

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