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(영문) 서울남부지방법원 2019.07.30 2018노185
업무방해등
Text

The judgment below

Part of acquittal shall be reversed.

Of the instant charges, the violation of the Electronic Financial Transactions Act is applicable.

Reasons

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by the prosecutor by mistake of facts or misapprehension of legal principles, it can be deemed that the Defendant had the right to dispose of the means of access as stated in the facts charged, and thus, the Defendant’s act of making the said means of access to a person who has lost the name constitutes transfer

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, one year of suspended execution, one year of community service, 80 hours of imprisonment) is too uneased and unreasonable.

2. Judgment of the court below on the non-guilty portion

A. Before determining the grounds for appeal ex officio, prior to the judgment on the grounds for appeal for ex officio, the Prosecutor: (a) maintained the facts charged by the part not guilty (in violation of the Electronic Financial Transactions Act) in the judgment of the court below in the trial; and (b) maintained the original facts charged as the primary facts charged; and (b) as the name of the conjunctive offense in violation of the Electronic Financial Transactions Act, Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act; and (c) pursuant to the facts charged, Article 1-b

In addition to the contents as stated in the paragraph, the application for amendments to Bill of Indictment was filed, and since this court permitted it, the judgment of the court below was made that the portion of innocence in the judgment of the court below can no longer be maintained.

However, the prosecutor's assertion of misunderstanding of facts or misapprehension of legal principles as to the primary facts charged is still subject to the judgment of this court, and this is examined.

B. Determination of mistake of facts or misapprehension of legal principles as to the primary facts charged 1) Summary of the primary facts charged is as stated in Section 1-A (A) of the part of acquittal in the judgment below as follows. 2) The lower court determined that the evidence duly adopted and investigated by the lower court had ownership or right to dispose of passbook, cash card, and OTP card as stated in the facts charged.

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