logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.02.07 2019노3539
공문서위조등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

The punishment sentenced by the lower court (two years of imprisonment) of the summary of the grounds for appeal is too unreasonable.

The punishment sentenced by the court below by the public prosecutor is too uneasible.

Judgment

With respect to the amendment of the bill of amendment, the prosecutor applied for the amendment of the bill of amendment to which part of the facts charged in the case are modified as follows in the trial of the court.

However, such change alone cannot be deemed to have changed the main contents of the public invitation to commit the instant crime, and thus, it cannot be deemed that the subject of the judgment was changed substantially.

After the change before and after the change, the instant telephone financial fraud crime of this case on the assertion of unfair sentencing between the Defendant and the prosecutor by preparing documents under the name of the Chairman of the Financial Services Commission from the victims and presenting them to the victims by presenting them to the victims. It is necessary to severely punish the victims with severe social harm, and the crime is committed as a planned and systematic crime.

The role of the defendant's collection measures is that the degree of participation is not easy due to the essential role in the crime of Bophishing.

It is about 100 million won for the victim and the sum of the defrauded.

Damage has not been recovered.

On the other hand, the defendant shows the attitude of recognizing and opposing the crime of this case.

The benefits actually accrued from the crime of Bosing in this case are not high.

There is no history of punishment.

In addition, considering all of the sentencing conditions, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances leading to the crime, it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable.

The defendant and prosecutor's assertion are without merit.

The judgment below

When an appeal against conviction is filed with respect to a compensation order, the compensation order shall be transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Litigation). The accused and the accused.

arrow