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(영문) 대구지방법원 2018.11.15 2018노3457
공전자기록등불실기재등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The sentencing of the court below (10 months of imprisonment) is too large and unfair.

2. The Defendant, with knowledge of the fact that the transferred access medium was used in the crime, planned and led the instant crime, such as establishing a floating corporation, and creating and transferring the access medium.

However, since the crime of this case is one-year imprisonment on November 8, 2017, the crime of this case is one-year concurrent crimes, such as electronic records, etc., which became final and conclusive, and a group of concurrent crimes after Article 37 of the Criminal Act, it is necessary to consider equity in the case of judgment at the same time.

The Defendant voluntarily surrendered the instant crime and actively cooperated in the investigation.

In full view of the various circumstances, including the above circumstances, including the Defendant’s age, sex, environment, family relationship, motive and background of the offense, means and consequence, etc., the lower court’s sentencing is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment shall be rendered again after pleading.

[Re-written judgment] The same as the relevant column of the lower judgment’s judgment on criminal facts and summary of evidence.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 228(1), 30 (a), and 229 of the Criminal Act, Articles 228(1), and 228(1), and 30 (the fact that an event, such as electronic records entered as false, is held; the choice of imprisonment), Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act, Article 30 of the Criminal Act (the fact that an access medium is transferred; the choice of imprisonment) for each type of crime;

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

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;

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