컴퓨터등사용사기방조등
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
except that this shall not apply.
In light of the circumstances such as the fact that the defendant's appeal reasons are against the situation, the punishment of 8 months sentenced by the court below is too unfair.
Before the judgment on the grounds for appeal by the defendant was made, each of the offenses against the defendant in this case should be punished within the scope of the term of punishment, which has been reduced as necessary under Article 32 (2) of the Criminal Act, as all aiding and abetting offenders. However, the judgment of the court below is excessive and the punishment is determined by omitting aiding and abetting mitigation, and therefore the judgment of the court below is no longer maintained in this regard.
Therefore, the judgment of the court below is reversed in accordance with Articles 364 (2) and 364 (6) of the Criminal Procedure Act on the grounds of ex officio reversal, and it is again decided as follows.
Criminal facts
The summary of the defendant's criminal facts and the summary of the evidence is the same as that of each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347-2 of the Criminal Act, Articles 347-2 and 32 (1) of the Criminal Act (a point of aiding and abetting fraud by using computers, etc.), Articles 347 (1) and 32 (1) of the Criminal Act, and Articles 32 (1) of the Criminal Act (a point of aiding and abetting fraud) of the same Act, and the choice of imprisonment, respectively
1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)3 of the same Act
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the stay of execution (the following sentencing shall be taken into account):
1. The sentencing under Article 62-2 of the Social Service Order Criminal Act is in violation of the depth of the defendant's 80 days of detention, and the defendant's intention in this case seems to be merely dolusent intent. The benefit acquired by the defendant in this case is small, the defendant has no record of punishment, and other factors indicated in this case, such as the defendant's age, sexual conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, etc.