logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.06.28 2017노1644
자본시장과금융투자업에관한법률위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six years.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. Considering the fact that the nature of the instant crime is not significantly good, the period of the instant crime is long, the amount of the crime is very large, and the degree of the Defendant’s participation in the instant crime is serious, strict punishment against the Defendant is required.

However, the court below's punishment is too unreasonable, since it is recognized that the defendant's mistake was too unreasonable, considering the following factors: the defendant's mistake was divided for the first time; the defendant did not have any criminal record exceeding the same criminal record or fine; the balance of sentencing with other accomplices; the defendant's age, sex and environment; the defendant's motive, means and consequence of the crime; and other conditions of sentencing specified in the arguments in this case, such as the circumstances after the crime, etc., the defendant's above assertion is reasonable.

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

Criminal facts

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

Application of Statutes

1. Article 43(1)9 and Article 178(2) of the former Financial Investment Services and Capital Markets Act (amended by Act No. 11845, May 28, 2013); Article 347(1) of the Criminal Act; Article 347 of the Criminal Act; Article 30 of the Criminal Act; Article 30 (1) of the Criminal Act; Article 30 of the Criminal Act (including the use of deceptive scheme for the purpose of trading securities; each victim’s each victim’s each victim’s each victim’s each victim’s each penalty of imprisonment is selected.

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

arrow