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(영문) 의정부지방법원 2017.08.29 2017노1211
사기등
Text

We reverse the judgment of the court below.

Defendant shall be punished by imprisonment for a term of one year and six months.

Nos. 1 to 24 of seized evidence.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s original judgment (No. 1 month of imprisonment, confiscation, and return of victims) and the second instance judgment (no. 4 month of imprisonment) that the Defendant declared is too unfasible and unfair.

B. The sentence imposed on the Defendant by the lower court is too unreasonable.

2. We examine ex officio the judgment of the court below on the first and second grounds for appeal by the prosecutor and the defendant prior to the judgment on the grounds for appeal by the defendant.

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

The judgment of the court of first instance and the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment shall be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court of second instance cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the above ex officio reversal grounds, and the judgment below is again decided as follows.

[Judgment in its entirety] The summary of the facts constituting a crime and evidence admitted by this court is as follows: (a) the summary of the facts constituting a crime and the evidence is added to the “Tin Q’s name” in the preceding sentence of the first instance judgment No. 3, 2017, to the “Tin Q’s name” in the second sentence of the first instance judgment No. 3, 93; and (b) the “Cin of March 3, 2017” in the front of the “V” in the 111 of the same face; and (c) the “Cin of March 2, 2017” in the 18th sentence is the same as the corresponding column of the lower judgment, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) and Article 30 of the Criminal Code for the crime at issue of the pertinent provision of the Criminal Code, Article 49(4)2 and Article 6(3)3 of the respective Electronic Financial Transactions Act (the storage of each access medium as indicated in the judgment of the second instance), Article 49(4)2 and Article 6(6) of the Electronic Financial Transactions Act.

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