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(영문) 대전지방법원 2019.11.28 2019노2086

컴퓨터등사용사기방조등

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a year.

(b).

Reasons

1. The summary of the grounds for appeal: As to each sentence of the lower court (two years of imprisonment, two years of imprisonment, and one year of imprisonment, Defendant B) against each of the Defendants, the Defendants asserted that they are too unlimited and unfair, and the prosecutor argues that they are too uneasible and unfair.

2. Each of the instant crimes committed against an unspecified number of unspecified persons in a systematic and systematic manner, and is related to the so-called “singing” crime that leads to the masseing of a large number of victims, and the circumstances, such as the nature of the crime is bad, its social harm, and the degree of the Defendants’ participation in each of the instant crimes, are not deemed uneasable.

However, the circumstances that the Defendants were denied in the court below for each instance, including the act of aiding and abetting the use of the computer, etc. of this case, led to the confession of all of the crimes of this case and reflects their depth, and the Defendants paid a certain amount of money to the victims of the use of the computer, etc. of this case and wanted the victim to find out the Defendants. In the case of the crime of aiding and abetting the use of the computer, etc. of this case, it appears that the Defendants appear to be a criminal act by willful negligence, not a conclusive intentional act, but a criminal act by willful negligence, and the defendants appear to have an investigative official in response to the investigation conducted by each investigation agency. The defendants appear to have an investigation official capacity; the defendants are deemed to have a prison life (eight months in the case of the defendants A; five months in the case of the defendants B and five months in the case of the defendants) for a considerable period of time, and there is no past history of criminal punishment heavier than each fine for the defendants.

In full view of the above favorable circumstances of the Defendants and other various sentencing conditions expressed in the instant records and trial process, including the Defendants’ respective ages, character and conduct, environment, details and details of the crimes, and the circumstances after the crimes.