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(영문) 서울북부지방법원 2013.10.31 2013노1143
특수절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

The Defendant asserts that the lower court’s punishment is too unreasonable as the grounds for appeal of this case are too unreasonable.

In full view of all the sentencing conditions shown in the records and arguments of this case and the fact that the defendant is in depth, the lower court’s punishment is too unreasonable.

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act and the following is ruled again

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence acknowledged by the court below are as follows, except for the correction of the facts charged by the defendant and the summary of the evidence as of December 28, 2013 " around December 2013, 2013" in the 4th page of the judgment below as "the non-refluence of January 2013, 201," and therefore, it is cited

Application of Statutes

1. Article applicable to criminal facts;

(a) Highest 780: Articles 331(2) and (1) and 350(1) of the Criminal Act; Articles 70(1), 74(1)2 and 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.;

(b) Highest 1371: Article 347(1) of the Criminal Act;

(c) Highest 1410: Article 347(1) of the Criminal Act;

(d) Highest 1427: Articles 347(1), 329, 231, 234, and 230 of the Criminal Act; Articles 71 subparag. 11 and 49 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.

1. Articles 40 and 50 of the Criminal Act (a person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection (Defamation) and a violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (a violation of the Act on Promotion, etc. of Information and Communications Network Utilization

1. Selection of imprisonment with prison labor, except for special larceny of punishment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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