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(영문) 서울중앙지방법원 2018.04.12 2017노4171
사기방조등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and four months.

No. 1 (LG.) of seized evidence

Reasons

1. Summary of grounds for appeal;

A. The sentence sentenced by the first instance court (a two-year imprisonment, confiscation) and the sentence sentenced by the second instance (a four-month imprisonment) are too unreasonable.

B. The sentence sentenced to the first instance judgment (a two-year imprisonment, confiscation) and the sentence sentenced to the second instance judgment (a four-month imprisonment) are deemed to be too uneasy and unfair.

2. We examine ex officio the judgment of the court below on the grounds of appeal by the defendant and prosecutor.

The judgment of the court below against the defendant was rendered and the defendant and the prosecutor filed each appeal against all of the judgment below, and this court decided to consolidate the two appeals cases.

Since each of the judgment below's offenses is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act, the judgment below cannot be maintained in its entirety.

3. As above, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the judgment of the court below as to each of the defendant and prosecutor's unfair sentencing claims against the judgment below, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.

[Re-written judgment] The summary of the facts constituting an offense and the evidence admitted by the court and the summary of the evidence are as follows: the judgment of the court below is identical to each corresponding column of the judgment, except where the defendant's "the defendant" of No. 7 and No. 8 of the 2017 Highest 5834 of the 2017 Highest 5834 of the 2017 Highest 5834 of the 201 Highest 5834 of the 201 Highest 1st 201.

Application of Statutes

1. Articles 347(1) and 32 of the Criminal Act regarding the criminal facts in question (a) of the relevant criminal law, Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act (a) of the same Act, Article 331(2) and (1) of the Criminal Act (a) of the same Act, Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, and each electronic financial transaction Act.

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