사기방조
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Nos. 2 and 3 of seized evidence from the defendant.
1. The summary of the reasons for appeal - the court below’s punishment (two years of imprisonment) is too heavy.
2. The judgment of the court below is a crime committed against an unspecified number of victims in a planned and organized manner and causing damage that is practically difficult to recover to the victims, and the society of the society is very heavy, and since the Act on the Punishment of Crimes provides intelligence to the large number of unspecified victims with a wide range of discrimination against the unspecified majority, it is essential to punish the crime, regardless of the degree of participation, and even if it is essential to eradicate the crime, the defendant plays an essential role in the collection and delivery of the crime. The defendant acted in accordance with the instructions of the organization for a considerable period other than the instant case, and the defendant was paid a certain amount of money as a consideration for the participation in the crime, and was recovered from China on April 14, 2018 to live together with him/her by May 11, 2018, etc. that are disadvantageous to the defendant.
However, there are no substantial profits that the defendant has gained, and the defendant was in the first instance and there was no further agreement with some victims about the punishment of the defendant, the victims are not subject to criminal punishment, there is no history of criminal punishment against the defendant, and the defendant's family members are divided into and against his/her wrongs, and the defendant's family members want to leave the place of the defendant's preference.
In addition, the lower court’s punishment is somewhat unreasonable in full view of all the circumstances, including the Defendant’s age, sex, environment, developments and motive leading to the Defendant’s crime, and circumstances before and after the commission of the crime, and the sentencing conditions indicated in the previous theories.
Therefore, we accept the defendant's argument.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable.