(영문) 수원지방법원 2021.01.28 2020노6591 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2021.01.28 2020노6591

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Evidence of seizure Nos. 2 through 7 shall be attached.

Reasons

1. The decision of the court below (one year and two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The crime of this case is committed by the Defendant by taking part in the collection of the amount of damage to the phishing criminal organization, and by taking part in the collection of the amount of 73 million won from five persons, and the nature of the crime is bad and more serious. The crime of Bosing is not limited to the crime, and the scope of damage is not limited to the crime, and the damage is not easy and easy to recover, and the damage is not recovered in full. It is disadvantageous to the Defendant, the Defendant did not take advantage of some victims, and the Defendant was subject to criminal punishment several times.

However, the defendant recognized the crime of this case, the defendant does not seem to have committed the crime under the conclusive recognition of the substance and appearance of the singish crime, the profits earned by the defendant compared to the amount of damage of the crime of this case, the amount of damage to the victim L was returned during the investigation process, and the defendant agreed to pay part of the amount of damage to the victim H, and the defendant paid 8 million won in the court below, and the above victim H and B did not want the punishment of the defendant, the defendant did not have any criminal record exceeding the same criminal record and fine, the defendant's age, career, sex, sex, environment, motive, means, means and consequence of the crime, etc., and the sentencing of the similar case like the various sentencing conditions as shown in the records and arguments of this case, such as the circumstances after the crime, it is unfair for the court below to punish the defendant.

Therefore, the defendant's argument of sentencing is justified.

3. In conclusion, the Defendant’s appeal is reasonable, and thus, pursuant to Article 364(6) of the Criminal Procedure Act.

유사 판례

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