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(영문) 수원지방법원 2018.01.12 2017노6122
사기등
Text

Of the judgment of the court of first instance, the part concerning the defendant's case and the judgment of the court of second instance shall be reversed.

The defendant shall be sentenced to one year of imprisonment.

Reasons

1. The summary of the grounds for appeal is unreasonable because it is too unreasonable that each of the original judgments (one year of imprisonment, one year of imprisonment, and ten months of imprisonment) is too unreasonable.

2. Ex officio judgment of the court below, this court held a concurrent hearing of each appeal case against the judgment of the court below, and since each of the above crimes committed in combination is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment shall be imposed pursuant to Article 38(1) of the Criminal Act with respect to each of the above crimes. Thus, the judgment of the court below which sentenced a separate punishment against the defendant cannot be maintained in this point.

3. According to the conclusion of the judgment below, since there exist grounds for reversal of the above authority, the part concerning the defendant's case and the judgment of the court of first instance among the judgment below's judgment pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing are reversed, and the judgment below is reversed and the judgment below of the court below

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts; Article 72(1)1 and Article 48(1) of the former Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc. (Amended by Act No. 14080, Mar. 22, 2016); Article 74(1)3 and Article 44-7(1)3 of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. (including repeated transmission of words causing fears, etc.); Article 70(2) of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. (including defamation) and selection of imprisonment for each sentence

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes are as follows: (a) the Defendant recognized the instant crime and divided his mistake, and thus, considered the Defendant.

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