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(영문) 서울북부지방법원 2016.05.27 2016노540
컴퓨터등사용사기등
Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by a year of imprisonment.

Reasons

1. Reasons for appeal;

A. The lower court’s punishment is heavy.

B. The prosecutor’s sentence of the lower court is less than that of the Plaintiff.

2. We also examine the grounds for appeal filed by the Defendant and the Prosecutor regarding sentencing.

Crimes committed by defendants are organized crimes and social harm is serious.

Despite the national efforts, it is not eradicated because it is difficult to detect participants due to the systematic relationship.

Where a person who has participated in a crime is discovered, he/she shall strictly ask his/her responsibility to prevent another person from committing another crime.

Even if considering the defendant's reflectivity, health status, background leading to the crime, equity in the case of a trial at the same time as the final judgment, etc., the sentence of the court below shall be mitigated.

3. The lower judgment is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the lower court’s punishment is unfilled, as otherwise alleged in the grounds of appeal by the prosecutor of the conclusion. The lower judgment is reversed, and it is so decided as follows.

Criminal facts

The summary of the facts and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, the summary of the facts and evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 347-2 and 30 of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, and the choice of imprisonment for a crime;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The first sentence of Article 37 of the Act on the Aggravated Punishment for Concurrent Crimes and Article 39(1) of the Act on the Aggravated Punishment for Crimes and Article 39(2) of the Act on the Aggravated Punishment for Group 1 [the scope of recommendations] that have no basic area (one to June 3 years) (one year and six years) (the scope of recommended punishment) / [the scope of recommended punishment] types 1 (one year and six months to three years) of the basic area (one year and six years), (the special sentencing person] / The final sentence scope for multiple aggravated crimes for which there is no special sentencing person: from the sentencing guidelines in June to April of the year and June of the year, Article 37 of the Criminal Act does not directly apply the sentencing criteria because it fails to present the method of dealing with concurrent crimes, or the sentencing guidelines are not applied.

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