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(영문) 인천지방법원 2018.07.03 2018노167
전기통신금융사기피해방지및피해금환급에관한특별법위반등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of two years and four months.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (the judgment of the court below 1: imprisonment with prison labor for 1 year and 2: imprisonment with prison labor for 1 year and 1 year and 4 months) that the court below made against the defendant is unfair.

B. The sentence that the first instance court sentenced against the Defendant is too uneasible and unfair, limited to the judgment of the first instance court).

2. As a result of the judgment on the grounds for appeal by the defendant and the prosecutor, the judgment of the court below was rendered ex officio as to the defendant, and the judgment of the court below was rendered as to each of the above judgment of the court below, and the defendant filed an appeal as to the judgment of the court of first instance as to each of the above judgment of the court below, and this court decided to hold a joint hearing as to each of the above judgment of the court of first instance, and since each of the judgment of the court of first and second instances against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, one sentence should be imposed in accordance with Article 38(1) of the Criminal Act. In this regard,

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining the above ex officio reversal grounds, 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 and the summary of the evidence are as follows: (a) except for the addition of “the Defendant’s trial testimony” in the column for “a summary of evidence” of the judgment of the court of second instance to “a summary of evidence” as stated in each corresponding column of the judgment of the court below; and (b) thus, they are cited as it is in accordance with Article

Application of Statutes

1. Criminal facts subject to the pertinent Article of the Act and the first judgment on the selection of punishment for criminal facts: The criminal facts subject to the first judgment on the selection of punishment: Article 15-2 (1) 2 of the Special Act on the Prevention of Damage by Telecommunications Finance and the Refund of Damage, Article 30 of the Criminal Act (in the case of the input of an order into the information processing unit with other information acquired);

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