특수절도등
The judgment of the court below is reversed.
The defendant shall be confiscated as provided for in subparagraphs 3 through 5 of the evidence seized in imprisonment with prison labor for not less than two years and six months.
1. The sentence imposed by the court below (three years of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The crime of telephone financial fraud requires a strict punishment against the participants due to a very serious social disorder, and the defendant not only remitted money by receiving the money from the defrauded to China, or the victim's money belonging to the telephone financial fraud organization is not subject to the degree of his/her participation by theft.
However, in light of the fact that the defendant was in the past and in the past, the victim E and L does not want to be punished against the defendant; that the defendant violated his/her wrongness; that there was no record of punishment in the Republic of Korea; and that there was no other record of punishment; the defendant's age, sexual conduct, environment, circumstances of the crime; and the extent of the victim's damage; the punishment sentenced by the court below is too heavy.
The decision is judged.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and Articles 329 (Aggravated Punishment, Selection of Imprisonment), 331 (2), 331 (1) (a special larceny) and 347 (1) and 30 (a fraudulent point, and Selection of Imprisonment) of the Criminal Act concerning the crime;
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 48 (1) 1 of the Criminal Act to be confiscated;