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(영문) 광주지방법원 2014.07.30 2014노791
위조유가증권행사등
Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for not more than ten months.

(We)Issuance of a paronets seized.

Reasons

Summary of Grounds for Appeal

The punishment of each court below against the defendant (the first instance court: imprisonment of 8 months, confiscation, 1 million won additional collection, and the second instance: imprisonment of 4 months) is too unreasonable.

Before determining the grounds for appeal by the defendant ex officio, this Court tried by combining two cases of appeal against the judgment of the court below, and each of the crimes in the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act and shall be sentenced to a single sentence pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Article 217 of the Criminal Act and Articles 214 (1) (the point of exercising forged securities and the choice of imprisonment), Articles 44 (1) 2 and 32 (1) 7 of the Game Industry Promotion Act, Article 32 (1) of the Criminal Act concerning the relevant criminal facts and the choice of punishment (the aiding and abetting money exchange business and the choice of imprisonment with labor acquired through the use of game products);

1. Mitigation and mitigation of assistance under Articles 32(2) and 55(1)3 of the Criminal Act (as to the crime of aiding and abetting in violation of the Act on the Promotion of Game Industry in the Market)

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 48 (1) 2 and (2) of the Criminal Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act recognizes the defendant's mistake, and only provides forged merchandise coupons only to customers as free gifts to the general public.

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