(영문) 수원지방법원 2020.12.10 2020노5425 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2020.12.10 2020노5425

사기등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. The sentence of the lower court (two years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The crime of this case is committed by the Defendant by taking part in the crime of Bosing criminal organization as a measure to collect damage amount, and by taking part in the crime of this case from eight victims who were accused of him, and by taking part in the crime of this case 35 million won from one of the victims. In light of the method and contents of the crime, the crime is very poor in the nature of the crime, and in light of the number of victims and the amount of damage amount, etc., the crime of Bosing is very heavy. The crime of Bosing is difficult to regulate because it is very difficult to recover damage and it is very difficult to recover damage, so it is necessary to strictly punish the crime. The defendant started to stop the crime of this case only six days since he entered Korea with a tourist, and it was not recovered from the victims, and the defendant did not receive any damage from the victims.

On the other hand, the following are the circumstances: (a) the Defendant fully recognized the instant crime and reflects the mistake in depth; (b) certain crimes are attempted; (c) the Defendant’s profit derived from the instant crime is much smaller than the amount of damage; (d) the Defendant fully repaid the victim B, which is part of the amount of damage; (c) the Defendant has no record of criminal punishment in Korea; and (d) the Defendant is a young person under 20 years of age.

In full view of the above reasons and other factors of sentencing, including the character and conduct, environment, motive and background leading to the Defendant’s crime, the means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s sentence is to be imposed.

유사 판례

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