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(영문) 인천지방법원 2021.01.07 2020노2252
전자금융거래법위반등
Text

The remainder of the judgment of the court of first instance and the judgment of the court of second instance, excluding the dismissal of an application for compensation order, shall be reversed.

Reasons

Summary of Reasons for Appeal (unfair sentencing)

A. The punishment sentenced by each court below (the first instance court: 2 years of imprisonment, and the second instance court: 6 months of imprisonment) is too unreasonable.

(b)the sentence sentenced to the first instance judgment of the Prosecutor is too unhued and unreasonable;

2. The judgment of the court below regarding the defendant's ex officio determination was rendered, and the defendant filed each appeal against the judgment of the court of first instance against the judgment of the court of first instance except the dismissal of an application for compensation order among the judgment of the court of second instance, and the court of second instance decided to jointly examine all of them.

The judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the above part of the judgment cannot be maintained as it is.

3. As such, the judgment of the court below is reversed on the ground that there is a ground for reversal of authority as above, and the judgment below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the remaining parts of the judgment of the court of first instance and the judgment of the court of second instance except the rejection of the application for compensation order, are reversed, and it is again decided as follows.

【Re-written judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 49(4)2 of the Act on Real Name Financial Transactions, Articles 6(3)3 (a) and 347(1) and 30 (a) of the Criminal Act regarding criminal facts; Articles 6(1) and 33(3) (a) of the Act on Real Name Financial Transactions and Confidentiality; Articles 347(1) and 32(1) of the Criminal Act; Articles 347(1) and 32(1) (a) of the Criminal Act regarding criminal facts; Articles 347(2) and 32(2) of the Act on Real Name Financial Transactions and Confidentiality; Articles 6(1) and 3(3) (a) of the Act on Real Name Financial Transactions and Confidentiality; each decision to punish a person.

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

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