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(영문) 청주지방법원 2017.09.01 2017노835
공전자기록등불실기재등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. We examine the judgment, and consistently recognize the Defendant’s mistake from the beginning of the instant investigation to the court of the first instance.

It is necessary to consider the equity of the punishment imposed upon C, D, and F, an accomplice in the instant case [Attachment]. Considering the Defendant’s age, sex, occupation, family relationship, environment, motive, circumstance, means, means, and consequence of the crime, and all of the sentencing conditions stated in the records and arguments, the lower court’s punishment is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the judgment below is reversed and it is ruled again as follows.

[Re-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are identical to the facts stated in the 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 Article 228(1) of the Criminal Act, Article 228(1) of the Criminal Act, Article 30 of the Criminal Act, Article 228(1) and Article 229 of the Criminal Act, Article 30 of the Criminal Act, Article 49(4)1 and Article 6(3)1 of the Act on Electronic Financial Transactions, each of the following subparagraphs, the choice of punishment for a crime; and each of the choice of imprisonment;

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 are deeply divided into one’s own mistakes, the defendant is relatively old, and other favorable circumstances such as the fact that the defendant is relatively old, and other conditions for sentencing under Article 51 of the Criminal Act shall be determined as the same as the disposition, in consideration of all the conditions for sentencing under Article 5

It is so decided as per Disposition for the above reasons.

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