beta
Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Seized evidence 1 to 17 shall be confiscated.
Reasons
Summary of Grounds for Appeal
(F) The sentence of imprisonment (4 years of imprisonment) of the court below is too unreasonable.
Judgment
The instant telephone financial fraud crime is a crime in which all citizens are potential victims, and in consideration of the actual harm and injury inflicted on our society, the crime is very poor and has considerable responsibility for the crime. In particular, in light of the characteristics of telephone financial fraud crimes, such as the nature of the crime, such as the fastness and organized nature, and the current investigation conditions, it is highly necessary to strictly punish the crime even if the defendant withdraws or delivers the subordinate organization, such as the defendant, and the amount of damage in the crime in which the defendant participated is considerable.
However, the defendant confessions all the crimes of this case and reflects his mistake, the defendant has no record of being punished for the same crime, and the defendant's health status is not good, and all other sentencing conditions such as the defendant's age, character and behavior, environment, motive, means and result after the crime, and the circumstances after the crime, and the crime subject to the recommended sentence range according to the sentencing guidelines of the Sentencing Commission by the Supreme Court: The crime of fraud, the group of organized fraud, the type 2 (not less than KRW 100,000 but less than KRW 500,00), the special mitigation factors (a simple mitigation), the special aggravation factors (a simple mitigation factor), the decision on the recommended area (a basic area), the scope of recommendation (2-5 years): The court below's decision on the punishment of fraud, the group of organized fraud, the type 1 (less than KRW 100,000), the special mitigation factor (a simple mitigation factor), the special mitigation factor (a more than a certain or a large number of victims).
As the defendant's appeal is reasonable, Article 364 (6) of the Criminal Procedure Act is reasonable.