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(영문) 대전고등법원 2020.08.28 2020노128
성폭력범죄의처벌등에관한특례법위반(특수강도강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault against the defendant for 80 hours.

Reasons

1. The main point of the grounds for appeal is that the court below's punishment (five years of imprisonment) is unreasonable.

In the statement of grounds of appeal, the Defendant stated to the effect that some of the crimes of this case were denied, but it clearly stated that the lower court appealed on the grounds of unfair sentencing on the grounds of unfair sentencing on the date of the first trial of the first instance court, and that there was no assertion of mistake

2. Ex officio determination

A. The appellate court on the necessity of ex officio determination may decide ex officio, even where the grounds that affected the judgment are not included in the grounds of appeal.

(Article 364(2) of the Criminal Procedure Act. Although the Defendant used only unfair sentencing as the grounds for appeal against the lower judgment, the Defendant examined ex officio as to the violation of the Specialized Credit Financial Business Act of this case prior to the judgment on the grounds for appeal.

B. Around January 22, 2020, the Defendant’s summary of the charge of the violation of the Specialized Credit Financial Business Act (hereinafter “Special Robbery”) was forced by inserting the E Bank’s debit card under the name of the E Bank’s debit card and one debit card and one of the F Bank’s debit card, respectively, and withdrawing KRW 270,000,000,000,000,000 managed by the E Bank Company, on January 22, 2020.

C. The "illegal use" under Article 70 (1) of the Specialized Credit Financial Business Act refers to a true credit card or debit card which is forged, altered, or stolen or lost and used in accordance with the original usage of the credit card or debit card. Thus, the act of withdrawing the deposit by putting the strong debit card into the online cash automatic machines and inputting the password, etc. is stipulated under Article 70 of the Specialized Credit Financial Business Act.

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