범죄단체가입등
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor of one year and six months, imprisonment with prison labor of Defendant C, and imprisonment with prison labor of Defendant D, respectively.
The public prosecutor's punishment against the Defendants is less severe, and the Defendants are harsh.
It is necessary to punish the scam crime, which is hot.
The Defendants also committed a crime by committing a criminal act against China.
In addition, the Defendants cannot be exempted from punishment in light of the background, motive, method, and social harm and injury leading to the crime.
However, considering the fact that the depth and the degree of participation in the commission of the crime, the amount of damage, the circumstances after the crime, the family relationship, the defendant C, and D have reached an agreement with the victims even when they were in the first instance, and in particular, W (two years and six months of imprisonment), S (two years and three months of imprisonment), U (two years of imprisonment) acting as the head of the team within the organization (two years and three months of imprisonment), and other co-offenders, the sentence against the defendants seems to be somewhat unreasonable.
The judgment below which accepted the appeal by the Defendants is reversed, and the punishment is re-determined after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the part against the defendant among the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 114 (main sentence), 347 (1) (including joining and activities of a criminal organization), 347 (1), and 30 (including fraud and each victim) of the Criminal Act concerning criminal facts; Article 347 (1) and 30 (including each victim) of the Criminal Act; Article 3 (1) 1 of the Act on Regulation and Punishment of Criminal Proceeds Concealment; Article 30 of the Criminal Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences of crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 10(1) and 8(1) of the Act on the Regulation and Punishment of Criminal Proceeds Concealment, each of which constitutes the acquisition of criminal proceeds at the time of interrogation by the Defendants.