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(영문) 전주지방법원 2018.08.30 2018노642
전자금융거래법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

An appeal against the judgment of the court below in the second instance by the defendant.

Reasons

1. The summary of the grounds for appeal - the punishment of the first original adjudication (6 months of imprisonment) and the punishment of the second adjudication (1 year of imprisonment) are too heavy.

2. Determination

A. The judgment of the court below against the defendant in the judgment of consolidation was rendered, and the defendant filed an appeal against each of the above judgment of the court below, and this court decided to hold the above two appeals together for a trial.

However, according to the records of this case, the defendant was sentenced to imprisonment with prison labor for 10 months at the Jeonju District Court on December 10, 2015 for a violation of the Punishment of Violences, etc. Act (joint injury) and the decision became final and conclusive on June 10, 2016.

The crime of violation of the Act on the Electronic Financial Transactions in the original judgment is committed before the judgment becomes final and conclusive, and each crime of violation of the Act on the Electronic Financial Transactions in the original judgment is committed after the judgment becomes final and conclusive, and thus the crime of violation of the Act on the Electronic Financial Transactions in the original judgment shall be determined separately as it does not constitute concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the crime of violation of the Act on the Electronic Financial Transactions in the original judgment shall be sentenced separately to the crime of violation of the Act on the Electronic Financial Transactions in the original judgment, despite the aforementioned decision of consolidated proceedings.

Therefore, the judgment of the court below on the sole ground of the consolidated hearing does not reverse all the judgment of the court below in a lump sum, and the judgment of the court below Nos. 1 and 2 are judged separately.

B. The judgment of the court of first instance is ex officio on the judgment of the court below. 1) In the case that does not fall under death penalty or imprisonment with or without prison labor for an indefinite term or for more than ten years, where special cases concerning the procedure of trial in the first instance are recognized pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (hereinafter “Special Cases”) and the defendant’s location cannot be confirmed even after six months have passed since a report on the failure to serve on the defendant was received, the judgment may be rendered without the defendant’s statement, as prescribed by the rules of the Supreme Court.

However, pursuant to the special provisions of this case.

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