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(영문) 대구지방법원 2017.05.24 2016노4831
공전자기록등불실기재등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

13,600,000 won shall be additionally collected from the defendant.

Reasons

1. The summary of the grounds for appeal that the judgment of the court below rendered against the defendant is too unreasonable (the first instance court's judgment: 10 months of imprisonment, 2 months of imprisonment, 10 months of collection, 3 years of imprisonment, 1 year of imprisonment).

2. We examine ex officio the appeal ex officio, and the defendant filed each appeal against the judgment of the court below, and examined the appeal case in the first instance court. However, as long as each crime of the judgment of the court below on the market is in a concurrent relationship under the former part of Article 37 of the Criminal Act, the judgment of the court below should be rendered at the same time and a sentence should be imposed. In this regard, the judgment of the court below cannot be maintained any more.

3. As such, 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 through pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 228(1), 34(1), and 31(1) of the Criminal Act for the selection of punishment for the crime (the point of false entry, such as public electronic records) and Articles 229, 228(1), 34(1), and 31(1) of the Criminal Act for each of the following crimes: (a) Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act (the point of using false electronic records, etc.); (b) Articles 49(4)4 and 6(3)5 of the Electronic Financial Transactions Act; (c) Article 30 of the Criminal Act (the point of obtaining access advertisements); (c) Articles 34 of the Criminal Act for the regulation of concealment of profits from transfer; and (d) Articles 47(3)4 and 7(4) of the Criminal Act for each of the penal provisions (the main sentence)

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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