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(영문) 의정부지방법원 2018.01.09 2017노2571
사기방조등
Text

We reverse the judgment of the court below.

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

1. Summary of grounds for appeal;

A. It is unreasonable that the prosecutor (the third judgment of the court below) sentenced the defendant to the punishment that was sentenced to the three originals (six months of imprisonment).

B. The defendant's punishment (the first instance court's imprisonment (the second instance court's imprisonment with prison labor) and the second, third instance court's imprisonment with prison labor (the second instance court's imprisonment with prison labor for six months)) is too unreasonable.

2. The judgment of the court below was rendered on the defendant's judgment ex officio, and the defendant filed each appeal, and this court decided to consolidate each appeal case.

Since each of the offenses committed by the defendants in the judgment below is concurrent crimes under the former part of Article 37 of the Criminal Act, a sentence should be imposed in accordance with Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the above ex officio reversal grounds, and the judgment below is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, it is acceptable to accept them in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1), Article 32(1) (a) of the Criminal Act for the crime; Article 49(4)1, and Article 6(3)1 (a) of the Electronic Financial Transactions Act for each type of crime; Article 347(1) of the Criminal Act for each type of crime; Articles 347(1) and 32(1) of the same Act for each type of crime; Article 49(4)1 and Article 6(3)1 of the same Act for each type of electronic financial transaction; Article 347

1. Article 32 (2) and Article 55 (1) 3 of the Criminal Act mitigated by law;

1. The reason 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 is serious to the society. As such, the crime of violation of the Electronic Financial Transactions Act accompanying the above need to be strictly punished in light of the harm and injury to the criminal act of Bosing.

The defendant shall make a passbook.

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