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(영문) 서울북부지방법원 2020.05.14 2019노2156
전자금융거래법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal (defendants: Fines of three million won);

2. According to the records of ex officio determination, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months at night, by a district court in Seoul Northern District Court on September 12, 2018, for the following crimes: (a) on September 20, 2018, and the judgment became final and conclusive on September 20, 2018; (b) on March 27, 2019, the Defendant was sentenced to one year of the suspension of the execution of imprisonment with prison labor for night building intrusion; (c) larceny; (d) larceny; (d) larceny; (e) larceny; and (e) robbery; and (e) assaulting in prison (from September 30, 2018 to October 18, 2018; and (e) on June 8, 2019, the judgment becomes final and conclusive.

The court below's judgment against the defendant shall be sentenced to punishment for each crime in consideration of equity among the cases where each crime is judged concurrently with each crime under Article 39 (1) of the Criminal Act in relation to night buildings, intrusion theft and attempted larceny of a structure at night, which became final and conclusive on September 20, 2018, as well as the concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of larceny of entry into a structure at night, which became final and conclusive on June 8, 2019. However, the court below's judgment is erroneous in the misapprehension of the judgment of the court below, without considering equity among the concurrent judgments under Article 39 (1) of the Criminal Act, as to night buildings intrusion larceny for which judgment became final and conclusive on June 8, 2019, without considering equity among the cases of concurrent judgments under Article 39 (1) of the Criminal Act.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court 】 Summary of facts constituting a crime and evidence recognized by this Court 【The defendant is at the Seoul Northern District Court on March 27, 2019.

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