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(영문) 인천지방법원 2020.01.31 2019노3161
사기방조등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

The summary of the grounds for appeal (e.g., the form of punishment) of the lower court (the first instance court: imprisonment with prison labor for three years, and the second instance court: imprisonment with prison labor for four months) is too unreasonable.

The defendant filed an appeal against the judgment of the court below, and the court decided to consolidate the above appeal cases.

Each of the judgments of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained as it is.

3. The lower judgment reversed all of the lower judgment pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, on the grounds of the foregoing ex officio reversal, and further decides as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 347(1), 32(1) (a) of the Criminal Act, Articles 352, 347(1), and 32(1) (a) of the Criminal Act, Articles 6(1) and 3(3) of the Act on Real Name Financial Transactions and Confidentiality, Article 330 of the Criminal Act, Articles 17 and 7 of the Act on the Protection and Support of Missing Children, Etc., Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act, and Article 6(3)1 (a) of the same Act, each of the remaining crimes except for night-time larceny;

1. Article 35 of the Criminal Act among repeated crimes;

1. Statutory mitigation is an accessory crime under Articles 32(2) and 55(1)3 of the Criminal Act, a crime of aiding and abetting fraud, and a crime of aiding and abetting fraud.

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