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(영문) 수원지방법원 2018.10.26 2018노1076
전자금융거래법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (eight months of imprisonment, two years of suspended execution, observation of protection, and community service time) is too unfasible and unfair.

2. According to the records of ex officio determination, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. in the Youngju District Court’s Young-dong branch on May 24, 2018, and the above judgment is recognized as finalized on May 24, 2018.

Since special larceny, etc., which became final and conclusive, and the crime of this case, are in the relationship of concurrent crimes after Article 37 of the Criminal Act, punishment for the crime of this case shall be determined by taking account of equity in cases where a judgment is rendered simultaneously pursuant to Article 39(1) of the Criminal Act

Therefore, the judgment of the court below cannot be maintained.

3. The judgment of the court below is reversed ex officio as above, and the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act and it is again decided as follows.

【Grounds for another judgment】 Criminal facts recognized by the court in charge of criminal facts and summary of evidence, and summary of evidence, of the lower judgment’s criminal records, “The Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. from the support of Cheongju District Court Young-dong on May 24, 2018,” and the said judgment became final and conclusive on May 24, 2018.

In addition, “A previous conviction in the judgment of the court below” was cited as “a person who knew, or could have known, the third party’s 6th page of the judgment of the court below,” and the summary of the evidence is as stated in each corresponding column, except for the addition of “a prior conviction in the judgment of the court below” to “a prior conviction in the judgment of the court below,” and thus, it shall be cited in accordance with Article 369 of

Application of Statutes

1. Articles 347(1), 32(1) (a) and 49(4)1 and 6(3)1 (a) of the Act on Electronic Financial Transactions concerning criminal facts; and the choice of imprisonment, respectively, for the crime;

1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)3 of the same Act

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Aggravation concurrent crimes;

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