beta
(영문) 대구지방법원 2019.10.11 2019노3056

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal was in a state of mental disorder or mental retardation at the time of committing the instant crime.

On the other hand, the punishment sentenced by the court below (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the defendant was diagnosed as a mentally defective person or a mentally defective person, such as a re-explosive disorder.

However, in full view of the background and process of the instant crime, the Defendant’s act before and after the instant crime, etc., it does not seem that the Defendant had a mental disorder to the extent that it was either mental or physical disorder or mental disorder at the time of the instant case

B. It is recognized that whether or not the defendant is unreasonable or not all of the crimes of this case and that the defendant has no criminal record exceeding the same criminal record and fine.

However, the crime of this case is a so-called "phishing" crime that is organized and planned for many unspecified persons. The crime of this case is a major crime of the economically and socially weak, and the nature of the crime is very bad, and the crime is likely to cause more difficult situations by making use of the fluorite wife, and the individual victims are suffering from considerable mental symptoms in addition to property damage, as well as property damage. In addition, it is highly harmful to society by causing confusion and uncertainty in financial transaction order and undermining the overall trust of society, and the scope of damage is expanded by intelligence as the number of criminal acts is spreading, and it is not easy to recover damage. Thus, in order to eradicate it, it is necessary to strictly punish the persons who participated in the crime. The victim's total number of victims caused by the defendant's crime of this case is up to 21, and the amount of damage is up to 134,200,000 won, and each victim's damage has not been recovered.

(b) other.