(영문) 부산지방법원 2017.06.23 2017노1047 | 리걸엔진

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자간(%)

(영문) 부산지방법원 2017.06.23 2017노1047

사기방조등

Text

The part of the judgment of the court of first instance and the judgment of the court of second instance are reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The summary of the grounds for appeal (No. 1: imprisonment with prison labor for 2 years, and imprisonment with prison labor for 2 months) by the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the defendant filed an appeal against the judgment of the court below, and the arguments were combined in the trial of the court below. Since each of the offenses the judgment of the court below issued is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act, the judgment of the court below which sentenced a separate punishment for each of the above offenses cannot be maintained in this respect.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act with the part of the judgment of the court of first instance regarding the defendant and the judgment of the court of second instance, without examining the defendant's improper assertion of sentencing, on the grounds that the judgment of the court below is reversed ex officio as seen above, and it

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by this court are as follows: (a) except that the facts charged and the summary of the evidence charged are as follows: (b) No. 65 and No. 7-1 of the first instance judgment’s “2016.” of the first instance judgment’s “2015.” of the first instance judgment’s “2015.” Inasmuch as it is identical to each corresponding column of the lower judgment, it is cited pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 49(4)1, Article 6(3)1 (the transfer of access media), Article 347(1), Article 32(1) (the aiding and abetting fraud) of the Criminal Act, Article 347(1) of the Criminal Act, and Article 347(1) of the Criminal Act (including fraud: Provided, That it includes frauds, but includes frauds, No. 1 through 5 per annum, No. 347-2 (the use of computer, etc., but no. 1 through 9) of the Criminal Act against the victim bank) of each Criminal Act

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