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(영문) 제주지방법원 2020.12.17 2020노704

사기방조

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of Bosing, like this case, is committed systematically and planned against many and unspecified persons, and the nature of the crime is very bad, such as making the economically and socially weak persons a major target of the crime, causing more difficult circumstances by using the brupted wife, etc., and the scope of damage is expanding the scope of damage by being intelligent, and the damage recovery is not easy. Therefore, in order to eradicate this, it is necessary to strictly punish the persons who participated in the crime.

In that the Defendant actively aided and abetted the instant crime, even though he sufficiently recognizes the circumstances that the instant crime would facilitate the commission of the accomplices, the liability for the instant crime is not easy.

However, in full view of all the sentencing conditions of the case, including the defendant's age, character and conduct, family relation, motive and attitude of the crime, and circumstances after the crime, it is deemed that the sentence imposed by the court below is too unreasonable, considering the fact that the above victim did not want the punishment against the defendant under a mutual agreement with the victim F in the trial, the defendant's profit derived from the crime of this case is not relatively large, and the defendant's age, character and conduct, family relation, motive and attitude of the crime

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

【The reason for the judgment to be used] The criminal facts and summary of the evidence recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, except for the correction of the "1..............................