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(영문) 서울남부지방법원 2020.04.07 2020노50
사기등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

The seizure of articles 1 to 1.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for a maximum of two years, and a short of one year and six months) of the lower court is deemed unreasonable.

2. The judgment of the court below that sentenced the defendant to the above in-depth sentence was no longer maintained, since it is apparent that the defendant had been a juvenile under Article 2 of the Juvenile Act at the time of the judgment of the court below, but it has reached the age of majority.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to the facts in each corresponding column of the judgment of the court below.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 347(1), 30 of the Criminal Act, Articles 352, 347(1), and 30 of the Criminal Act, Articles 95-2 subparag. 4 and 84-2(1) of the Telecommunications Business Act, Articles 30 of the Criminal Act, Articles 97 subparag. 7 and 30 of the Telecommunications Business Act, Articles 30 of the Criminal Act, Articles 30 of the Criminal Act, Articles 30 of the Criminal Act, the choice of imprisonment;

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

1. On the grounds of sentencing under Article 48(1)1 of the Criminal Act, the court below’s judgment on the grounds of sentencing, taking into account the circumstances indicated in the judgment below, the harm and harm to the criminal act of Bosing through VOIP Sweg, and the sentencing conditions under Article 51 of the Criminal Act, shall determine the sentence as ordered

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