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(영문) 대전지방법원 2018.04.13 2018노503
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a maximum term of one year and six months.

Seized evidence Nos. 1 through 3, .

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one and half years of imprisonment with prison labor, a short term of one year and six months, and a short term of one year) is too unreasonable.

2. The judgment phishing crime is conducted systematically and social harm is very serious.

The Defendant, as an employee of the Financial Services Commission, received cash from the victims and delivered the cash to the staff of Bosing.

The degree of participation is important.

Many victims and victims have not been recovered from damage.

The sentence of imprisonment on the accused is inevitable.

However, the defendants recognize their mistakes and repent.

The defendant is a juvenile of 18 years of age, and there is no record of juvenile protective disposition as an initial offender.

The defendant seems to have been involved in the crime of this case in a somewhat minor thought, and the period of participation in the crime of this case is also the same.

In full view of the above circumstances and all of the sentencing conditions on the arguments, such as the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, etc., the sentence imposed by the court below is too unreasonable.

The defendant's argument of sentencing is justified.

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

【Grounds for another judgment】 Criminal facts and summary of evidence recognized by the court are identical to the pertinent column of the reasoning of the judgment below. Thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Articles 352, 347(1) and 30 of the Criminal Act, and Articles 347(1) and 30 of the Criminal Act, and each choice of imprisonment with labor, for the crime;

1. Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act, mitigation of juvenile offenses;

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. Illegal Juvenile Act.

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