logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.06.23 2016노948
사기방조
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below on the gist of the reasons for appeal (the imprisonment of eight months and the suspension of the execution of two years) is too unhued and unfair.

2. The crime of this case is deemed to have been committed by the Defendant by informing his account number to be used for the crime of fraud by the Defendant, and if the victim deposited money into the said account, by withdrawing the money from the Defendant and delivering it to the Defendant, thereby aiding and abetting the commission of the crime of the singing staff of the singing. Such crime of the singing is not likely to be committed in a more difficult situation by taking advantage of the singing place as an object of the principal crime of the singing group, and the social harm caused by the crime of the singing group is also serious, as the act of the sing grouping the sing group, intelligence, etc. is serious. Therefore, it is highly necessary to eradicate it through severe punishment.

However, considering various sentencing conditions, such as the Defendant’s recognition of the instant crime and mistake, the Defendant did not obtain any economic benefit due to the instant crime, the Defendant’s primary offender who did not have any previous criminal record, the Defendant’s age, sex, environment, circumstances leading to the instant crime, the means and method of the instant crime, and the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

arrow