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(영문) 수원지방법원 2017.03.30 2016노8401

공갈등

Text

The judgment below

Of them, the part against Defendant C shall be reversed.

Defendant

C A person shall be punished by imprisonment of one year and four months.

evidence of seizure.

Reasons

1. Summary of grounds for appeal;

A. Defendant C’s punishment (one and half years of imprisonment, confiscation) is too unreasonable.

B. Each sentence of the lower court against the Defendants by the prosecutor (one year of imprisonment and confiscation, one year of imprisonment and one year of confiscation, and one year of confiscation, and two years of confiscation, and the above sentence) is deemed to be too unfluent and unfair.

2. We examine both the Defendants and the Prosecutor’s respective arguments.

A. As to the Defendant C, the crime of this case was committed by inducing the victims to obtain their awareness of body, affixing a video image, and then raising or arranging the victims' money by borrowing it.

Even if the defendant was engaged in simple participation by taking the role of withdrawing the amount of damage as a systematic and planned phishing crime, such as deceiving money, the fact that there are many victims, and that there is no good quality of the crime, and that there is a history of criminal punishment for 6 months of imprisonment with prison labor due to Bosphishing fraud, etc. are disadvantageous to the defendant.

However, in light of the fact that the defendant recognized the crime of this case, paid KRW 3 million to the victim AE in the trial, thereby recovering some damage, and comprehensively taking into account the defendant's age, sex, environment, family relationship, etc., the court below's sentencing is somewhat inappropriate and thus, the defendant's argument is reasonable, and the prosecutor's argument in this part is without merit.

B. As seen earlier, the Defendants’ failure to recover damage or to agree with the victims, etc. are disadvantageous to the Defendants, as to Defendant A and B’s crime of conflict and fraud.

However, the Defendants recognize and reflect the instant crime, and Defendant A does not confirm the record of criminal punishment, and Defendant B has no record of criminal punishment exceeding the fine, and otherwise, the Defendants’ age, sex, environment, and family relationship.