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(영문) 의정부지방법원 2016.05.13 2016노259
전기통신금융사기피해방지및피해금환급에관한특별법위반등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

evidence of seizure.

Reasons

1. The summary of the reasons for appeal is that each sentence imposed by the court below on the defendant (the first sentence: imprisonment of 1 year and 2 months, confiscation, and second sentence: imprisonment of 1 year and 1 year) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

This Court decided to jointly examine each appeal case against the judgment of the court of first instance and the judgment of the court of second instance, and each of the offenses against the defendant is concurrent offenses under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below cannot be reversed in its entirety.

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 unfair argument of sentencing, and the judgment below is reversed in entirety, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to the corresponding column of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 347-2 and 30 of the Criminal Act for each of the relevant criminal facts; Article 15-2 (1) 2 of the Special Act on the Prevention of Damage to Telecommunications Finance and the Refund of Damage; Article 30 of the Criminal Act (in the case of entry of information for the purpose of telecommunications fraud), Articles 49 (4) 2 and 6 (3) 3 (in the case of storage of access media); Articles 49 (4) 1 and 6 (3) 1 (in the case of transfer of access media) of the relevant Act for each of the criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The range of applicable sentences: Imprisonment from January to February 15.

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