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(영문) 대구지방법원 2018.07.05 2018노1147
전자금융거래법위반등
Text

The judgment below

The part against the defendant shall be reversed.

The list of crimes in attached Form 1 among crimes of No. 1 in the judgment of the defendant.

Reasons

1. Summary of grounds for appeal;

A. In the indictment No. 56, the date and time of the crime is “the end of August 2017,” but the date and time of actual crime is around August 16, 2017.

2) Attached Table 34 No. 2: The date and time of the crime in the indictment is “Policeman of August 2017” but the date and time of actual crime is around June 19, 2017.

Therefore, the facts charged in this part of the facts charged were occurred before August 18, 2017, which was the day of confirmation of the previous conviction as indicated in the judgment of the court below, and even though there was a relation of single concurrent crimes after Article 37, as in the remaining crimes, there is an error of law by misunderstanding the facts and misunderstanding the legal principles that separately sentenced each of the facts charged and the remaining crimes, which affected the conclusion of the judgment.

B. From among crimes No. 1 of the decision of the court below which was made by the court below, the sentence No. 1 to No. 55 of the annexed crime list (1) and No. 2 of the decision, and the attached crime No. 3 of the decision No. 1 to No. 33 of the annexed crime list (2) of the annexed crime: 10 months of imprisonment and No. 56 of the annexed crime list (1) of the annexed crime list No. 3 of the decision of the court below, among crimes No. 3 of the judgment of the court below, the punishment No. 56 of the annexed crime No. 1 of the annexed crime list (2) of the annexed crime list No. 3 of the decision of the court below is too unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. The lower court recognized the date and time of the crime in the annexed Table No. 56 (hereinafter referred to as “net 56”) as the end of August 2017 and the date and time of the crime in the annexed Table No. 34 (hereinafter referred to as “net 34”) at the end of August 2017, the date and time of the crime in the annexed Table No. 34 (hereinafter referred to as “net 34”) in the annexed List of Crimes No. 56 (hereinafter referred to as “net 56”) as the police officer in the middle of August 2017, and the crime corresponding to each of the charges in this part was committed after the date on which the previous conviction

The decision was determined.

B. The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court and the first instance court on Nos. 56 occasions, namely, the OTS’s device to be transferred to the Defendant later, ① On-board Pass.

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