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(영문) 대구지방법원 2020.11.27 2020노3369
사기방조등
Text

The judgment of the court below is reversed.

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

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (one year and six months of imprisonment, and additional collection) is too unreasonable.

2. The crime of Bosing, like the instant case, is committed systematically and systematically against many, unspecified persons, and the crime of this case is committed as a major crime by taking the economically and socially weak persons into consideration as the subject of major crimes, causing more difficult situations by using the boomed wife, etc., and the scope of damage is expanding in a brupted manner as the method of committing the crime becomes more intelligent, and is in a structural aspect that is not easy to recover from damage. As such, in order to eradicate the crime, it is necessary to strictly punish the persons who participated in the crime, the victimF’s damage is not recovered, and the Defendant committed each of the instant crimes, even though there was a criminal history punished for these crimes, etc., which are disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant recognized his mistake and reflects on the Defendant; (b) the gains earned by the Defendant are not significant; (c) favorable circumstances, such as the fact that certain criminal acts are committed in attempted crimes; and (d) the Defendant’s age, character, conduct, environment, family relationship; (b) motives, means and results of the crime; and (c) other circumstances that are conditions for sentencing specified in the present argument, such as the circumstances after the crime,

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

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) and Article 32(1) of the Criminal Act that applies to the relevant criminal facts, the choice of punishment, and Articles 352, 347(1) and 32 of the Criminal Act;

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