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(영문) 서울남부지방법원 2020.12.15 2020노1010 (1)
전자금융거래법위반등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for not less than three years and six months.

Seized evidence 2 to 2.

Reasons

1. The summary of the grounds for appeal (e.g., indubity) of the lower court’s punishment (e.g., 1 year and 6 months of imprisonment, 3 years of imprisonment, and confiscation) is too unreasonable for the Defendant, and the prosecutor is too uneasible to the sentence against the judgment of the first instance court.

2. Prior to the judgment on the grounds of ex officio appeal, this Court decided to hold a joint hearing of all appeals cases against the defendant. Each of the offenses against each defendant by the court below constitutes concurrent offenses under the former part of Article 37 of the Criminal Act, and thus, one of the offenses is to be sentenced within the scope of the term of punishment increased by concurrent offenses pursuant to Article 38(1) of the Criminal Act. Thus, each of the judgment below is no longer maintained.

3. Accordingly, the judgment of the court below against the defendant is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, which omitted the judgment on the argument of unfair sentencing by the above defendant and the prosecutor, and it is again decided as follows.

【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 49(4)2 and 6(3)3 of the Electronic Financial Transaction Act, Article 30 of the Criminal Act, Article 347(1) of the Criminal Act, Article 30 of the Criminal Act, Article 283(1) of the Criminal Act, Articles 347(1) and 32 of the Criminal Act, Article 35(1) of the Criminal Act, Article 35(1) of the Criminal Act, the selection of imprisonment for each of the following reasons:

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

1. The reasons for sentencing under Article 48(1) of the Criminal Act for the sentencing of Article 48(1) of the Criminal Act shall be determined as per the order, taking into consideration all circumstances constituting the conditions for sentencing under Article 51 of the Criminal Act

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