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(영문) 인천지방법원 2014.09.30 2014노3071
장물보관등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of 2.5 million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable since each punishment (the first judgment: the fine of one million won, the second judgment: the fine of two million won) declared by the original court against the defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the case of appeal against the judgment of the court of first instance, which is the case of appeal against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of second instance, which is the case of appeal against the judgment of the court of second instance. The case of this court of second instance, which is the case of appeal against the judgment of the court of second instance, is combined in the oral proceedings of the court of second instance. Each of the crimes recognized by the court of first and second instance against the defendant is in the relation of concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single punishment within the scope of the term of punishment increased by concurrent crimes

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining each of the alleged unfair sentencing by the defendant and the prosecutor, and it is again decided as follows through pleading.

Criminal facts

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

Application of Statutes

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act, Articles 49(4)1 and 6(3)1 of the Act on Electronic Financial Transactions (in cases of transfer of means of access), Article 362(1) of the Criminal Act (in cases of storage of stolen property), the selection of fines;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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