logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.05.19 2016노4902
공전자기록등불실기재등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The punishment of each of the original judgment against the accused (No. 1: Imprisonment with prison labor for 10 months and 6 months) on the summary of the grounds of appeal is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

The judgment of the court below in 1 and 2 was rendered to the defendant, and the defendant filed an appeal against each of the above judgment of the court below, and this court decided to hold a joint hearing of each of the above appeal cases.

However, since each crime of the first and second judgment against the defendant is in a concurrent crime under the former part of Article 37 of the Criminal Act, a single sentence shall be imposed within the scope of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act, and in this respect, each of the above judgment below cannot be maintained.

3. In conclusion, each of the judgment below of this case is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing on the grounds of ex officio reversal, and it is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of the first and second judgments, and thus, it is acceptable to accept the same in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 228(1), 30 (a) of the Criminal Act, Articles 229, 228(1), and 30 (a) of the Criminal Act, Article 49(4)1, and the main sentence of Article 6(3)1 of the Criminal Act, Article 30 of the Criminal Act, Article 49(4)1 of the Criminal Act, Article 30 (a) of the Criminal Act, Article 49(3)1, and the main sentence of Article 6(3)1 of the Electronic Financial Transactions Act, Article 6(3)1 of the same Act, Article 49(4)1, and the main sentence of Article 6(3)1 (a) of the same Act, each of the electronic financial transactions;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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 Code of Aggravation of Concurrent Crimes;

arrow