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(영문) 의정부지방법원 2021.01.22 2020노2526

범죄단체가입등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. We examine both the judgment and the prosecutor’s respective unfair claims for sentencing.

The crime of this case is not easy to punish the court below on the grounds that each crime of this case was committed by a criminal organization in which the defendant organized and systematically plays a role for the purpose of the crime of phishing, and was committed as a member by deceiving many unspecified victims, and it is very poor that the crime of this case was committed by deceiving the money by deceiving them. The victim of each crime of this case is six, and the amount of damage is more than 268,490,00 won in total. The crime of Bosphishing is classified and organized, and it is difficult to crack down because the crime of this case was committed closely and systematically and it is difficult to control the scope of damage, and it is very difficult to recover damage as well as structural characteristics that are not easy to recover damage.

However, there are favorable circumstances, such as the Defendant’s primary offender who has no record of criminal punishment, the period of the Defendant’s participation in the entire crime of this case is relatively short of three months, and the Defendant voluntarily withdraws from the organization, and the Defendant appears to have not many criminal proceeds actually earned from each crime of this case. In particular, when it comes to the first instance, there is a change in the conditions of sentencing, such as the fact that the Defendant was aware of the Defendant’s mistake and that it is against himself/herself, and that there is an agreement with the victim R.

In addition, considering the Defendant’s age, occupation, sex, environment, family relationship, circumstances after the commission of the crime, and various conditions of sentencing as indicated in the instant records and pleadings, the lower court’s punishment is too heavy or unbrupted and unreasonable, as it goes beyond the reasonable scope of discretion.

Therefore, the sentencing of the defendant and the prosecutor is unfair.