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All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. The summary of the grounds for appeal (e.g., the form of punishment imposed by the court below is too heavy.
2. The judgment of the court below in the first and second instances against the defendant for ex officio determination was rendered, and the appeal was filed against the defendant, respectively, and the court decided to consolidate these cases for further proceedings.
The crime of each judgment of the court below against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one of the above judgment below cannot be maintained as it is.
3. Conclusion, pursuant to Article 364(2) of the Criminal Procedure Act, all the judgment of the court below is reversed, and it is again decided as follows after pleading.
[Discied Judgment] The summary of facts constituting a crime and evidence is as stated in each corresponding column of the judgment below.
Application of Statutes
1. Relevant legal provisions for facts constituting an offense, Article 257(1) of the Criminal Act that prescribes the choice of punishment, Article 97 Subparag. 7, the main sentence of Article 30 of the Telecommunications Business Act (the provision of telecommunications services for another person’s communications), Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act (the lease of access media), Article 331-2 of the Criminal Act, Articles 152 subparag. 1 and 43 of the Road Traffic Act, Articles 152 subparag. 1 and 43 of the Road Traffic Act, and the choice of imprisonment;
1. Article 35 of the Criminal Act (with respect to each crime except the violation of the Telecommunications Business Act) for aggravation of repeated crimes;
1. Of concurrent crimes, the punishment as ordered shall be determined by taking into account all the circumstances described in the reasoning of each sentencing of the lower judgment for the reason of sentencing as prescribed in the former part of Article 37, Article 38(1)2, and Article 50 (Aggravation of Concurrent Crimes as stated in the most severe Crimes) of the Criminal Act, and all the conditions of sentencing indicated in the record.