범죄단체가입등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and eight months.
4.670,000 won shall be additionally collected from the defendant.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.
2. The Defendant had a prior criminal record of the suspended execution due to fraud, and each of the instant crimes was committed against many and unspecified persons in a planned and organized manner, and was involved in the scaming crime that leads to a considerable amount of damage to society in light of the type and manner of the crime. In particular, each of the instant crimes, such as the instant crimes, is committed in a systematic, planned, and intelligent manner, and even a subordinate member who has participated in only part of the crime, which is difficult to arrest the entire organization, requires strict punishment. The Defendant committed the act of deceiving the victims by misrepresenting the prosecutory investigator by phone to the victims, and then deceiving the victims directly. This is an unfavorable circumstance in view of the fact that the degree of the Defendant’s participation in the crime is unreasonable, and that the Defendant’s participation in the crime constitutes an important part for completing the scaming crime.
On the other hand, the fact that the defendant seriously repents his mistake, and the extent of damage to the crime of fraud in which the defendant directly participated is much less than that recognized as the crime, and the fact that the defendant is not able to consume most of the criminal proceeds, the fact that the defendant actively cooperates in the investigation, and the fact that the defendant has a child to support the defendant is favorable.
In addition, comprehensively taking account of the circumstances leading to the instant crime, the Defendant’s age, character and conduct, environment, etc., the lower court’s punishment is deemed unreasonable as it is inappropriate. Therefore, the Defendant’s assertion is reasonable.
3. Accordingly, the defendant's appeal is with merit, and the judgment below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act.