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(영문) 춘천지방법원 2018.03.23 2017노1066
여신전문금융업법위반등
Text

The judgment of the court below in the first and second instances is reversed.

A defendant shall be punished by imprisonment for seven months.

The defendant-appellant against the judgment of the court below of the third instance.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the first instance court: imprisonment with prison labor for 6 months, the second instance court; the fine for 6 million won: the second instance court; the fine for 600,000 won: the fine for 600,000 won: the fine for 600,000 won) is too unreasonable.

B. The lower court’s sentence No. 2 (6 million won in penalty) of the Prosecutor’s 2 is too unhued and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

The first instance court decided to hold a joint hearing of each appeal case against the judgment of the court below, and each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act.

However, in the case of the 3rd judgment against the defendant, the defendant was sentenced to a fine of KRW 600,000 for a case for which a formal trial was requested after being notified of a summary order of KRW 600,00,00, and as long as the defendant appealed against the defendant, the defendant cannot be punished by a fine heavier than this in accordance with the principle of prohibition of disadvantageous alteration. As examined below, insofar as the defendant did not select a fine for each crime of the resolution of KRW 1 and 2, the ground for reversal of the judgment below on the ground of the consolidated trial does not constitute a ground for reversal of the judgment on the ground of the 3rd judgment. Accordingly

However, the judgment of the court below of the second instance is sentenced to a fine, but the prosecutor as well as the defendant appealed, and it is reasonable to select imprisonment with prison labor for the reasons as seen below, and in the case of each crime of the first and second judgment with respect to the defendant, it is necessary to concurrently decide and simultaneously issue a single sentence in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below in the first and second judgment cannot be maintained as it is, and all of the offenses should be reversed.

On the other hand, despite the above reasons for reversal, the defendant's argument that the sentencing of the judgment of the court of third instance is unfair is still subject to the judgment of the court of this Court.

3. The judgment of the court below on the third ground.

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