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(영문) 의정부지방법원 2015.12.18 2015노2832
공전자기록등불실기재등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (one year of imprisonment) is too unreasonable.

2. In light of the content of the crime and the legal interest and protection of the crime of this case, the crime of this case committed by the Defendant is not less than the nature of the crime in light of the content of the crime, the circumstance that the account under the name of the limited liability company established by the crime of this case was used in the so-called scaming and illegal sports gambling and inducing derivative crimes; the degree of participation is not less than the degree of other accomplices; the fact that the degree of participation is not less than the degree of other accomplices; and the fact that the circumstances after the crime are not good enough is acknowledged as unfavorable to the Defendant.

However, on the other hand, the defendant made a statement that he made a confession of the crime of this case and reflects his mistake in depth; the defendant seems to have led the crime of this case only according to I's instructions; the criminal proceeds acquired by the defendant are not many; the defendant's family and his family members are sufficiently reflective time through his prison life for about four months; there is no criminal power; the defendant's age, character, character, intelligence and environment; the motive, means and consequence of the crime of this case; the degree of actual acquired criminal proceeds; the circumstances after the crime of this case; family relations; and the health conditions of the sentencing of this case; the defendant's punishment of this case is somewhat unreasonable; the defendant's assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.

Criminal facts

(b).

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