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(영문) 대구지방법원 2016.10.19 2016노1702
사기등
Text

The part of the judgment of the court of first instance and the part of the judgment of the court of second instance against the defendant and the judgment of the court below.

Reasons

1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for a maximum of one year and four months, the second instance judgment: imprisonment with prison labor for a maximum of four months, the second instance judgment for a short of four months, and the third instance judgment: six months) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the Defendant’s ex officio, and ① the Defendant, as CL students, falls under “juvenile” as provided by Article 2 of the Juvenile Act at the time the judgment of the first and the judgment of the second court, and thus, it is apparent that the Defendant was sentenced to an irregular term of punishment, but the Defendant did not constitute a juvenile under the age of 19 only when he reached the trial. As such, the judgment of the first and the judgment of the second court that sentenced the Defendant to an irregular term of punishment was no longer maintained. ② The Defendant filed an appeal against the judgment of the lower court, and the arguments were combined in the trial. Since each of the crimes that the judgment of the lower court made by the Defendant are concurrent crimes as provided by the former part of Article 37 of the Criminal Act, and thus, the judgment of the lower court that separately sentenced each of the above crimes cannot be maintained in this respect.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, and the part of the judgment of the court of first instance regarding the Defendant and the judgment of the court of second instance regarding the Defendant under Article 364(2) of the Criminal Procedure Act are all reversed,

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The transfer and acquisition of the means of access under Articles 347(1) (Fraud) of the Criminal Act, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act concerning criminal facts: Provided, That this is based on the AU and AV.

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