(영문) 대구지방법원 2015.02.12 2014노3975 | 리걸엔진

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(영문) 대구지방법원 2015.02.12 2014노3975

사전자기록등위작등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. In light of the fact that the defendant is against the gist of the grounds for appeal, the punishment imposed by the court below (two years of imprisonment) is too unreasonable.

2. The ex officio judgment prosecutor changed "Fraud" among the names of the crimes against the defendant in the trial room to "disorder with business", "Article 347 (1) of the Criminal Act" in the relevant part of the applicable provisions of the Act to "Article 314 (1) of the Criminal Act", and applied for the amendment of the indictment with the content that changes the facts charged in the part 3. Fraudulent" as stated in paragraph (3) of the crime as stated below. Since this court permitted this, the judgment of the court below was no longer maintained as it is.

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and it is again decided as follows.

Punishment of the crime

1. Alterations, electronic records, etc., concerning B, and use of such electromagnetic records;

A. The Defendant, using the electronic records, etc., was in possession of the files which can cans off B’s identification cards to change the name of another person’s mobile phone from the above B name. On July 31, 2012, around November 14, 2012, around three occasions, and around February 22, 2013, the Defendant visited D’s computer to the computer network of the LGPP mobile operator by using a computer, and entered the name and resident registration number of the Defendant’s basic matters into B in F and around November 17, 2012.

Accordingly, the Defendant forged one file for the change of the name of the mobile phone B, which is an electronic record of another person's right and duty, for the purpose of hindering the management of affairs.

B. The Defendant entered the foregoing paragraph 1 at the time, time, and place of the foregoing paragraph.

참조조문

-형법 제314조 제1항

-형법 제347조 제1항

-형사소송법 제364조 제2항

유사 판례

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