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(영문) 창원지방법원 2018.05.03 2017노3737
전자금융거래법위반등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Summary of the grounds for appeal each of the sentencing (as to the judgment of the court below No. 1 and No. 2)

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

The Defendant filed an appeal against the lower judgment, and this Court decided to jointly deliberate on the two appeals cases.

Each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence shall be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining the defendant's unfair argument of sentencing, since there are grounds for reversal ex officio. The judgment of the court below is reversed in accordance with the above Article 364 (2).

[Grounds for the new judgment] The criminal facts and summary of evidence recognized by the court are identical to the corresponding column of each judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 49(4)1, Article 6(3)1 (a) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 Subparag. 1, and Article 43 of the Road Traffic Act concerning criminal facts, Article 8 of the Special Act on the Prevention of Insurance Fraud, Article 46(2)2, and Article 8 of the Guarantee of Automobile Compensation Compensation Act (a vehicle that has failed to perform mandatory insurance duties);

1. Selection of penalty of imprisonment or imprisonment without prison labor;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes have been punished several times by drinking, driving without a license, etc.

It is not good to commit a crime such as acquiring insurance money by altering the term of validity of temporary driving licenses, and it is also a crime of driving without a license in the first instance trial.

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