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(영문) 서울중앙지방법원 2020.10.23 2020노1034

범죄단체가입등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

8,000,000 won shall be collected from the defendant.

Reasons

The Defendant appealed that the lower court’s imprisonment was heavier than four years.

There is no other force except for the same kind of crime that the defendant has committed in the same time as the crime in this case.

It seems that the crime has long been committed, and thereafter, it seems that the life has been faithfully and faithfully.

However, the social harm of the defendant's own Alphishing crime is serious.

It is inevitable to punish a large amount of damage and the amount of damage corresponding thereto.

However, considering that the above normal circumstances reached an agreement with a considerable number of victims in the trial, and the sentence of accomplices, the sentence of the court below seems somewhat unreasonable.

The original judgment shall be reversed, and the punishment shall be re-determined after pleading.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions for criminal facts, Articles 114 and 347(1) of the Criminal Act (including joining and activities of a criminal organization), Articles 347(1) and 30 of the Criminal Act, Article 347(1) and 30 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, and each choice of imprisonment with prison labor, respectively;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 10 (1) and 8 (1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;