(영문) 광주지방법원 2018.05.16 2018노540 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2018.05.16 2018노540

사기

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for not less than three years and eight months.

Defendant .

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. Determination

A. It is recognized that Defendant A, C, and D Defendants were repented of their mistakes, and they did not have any criminal records exceeding the same criminal records or fines.

However, each of the crimes of this case is deemed to have been involved in the so-called phishing crime, and the nature of the crime is not good, the duration of the crime is long, the victim is considerably large, and there is no complete recovery or agreement up to the trial. The degree of the Defendants’ participation is considerably significant, and the conditions of sentencing specified in the arguments of this case, such as the Defendants’ age, sex and environment, motive, means and consequence of the crime, and circumstances after the crime, are considered, and thus, the court below’s punishment is too unreasonable. Thus, the Defendants’ aforementioned assertion is without merit.

B. Considering the fact that Defendant B was involved in the so-called phishing crime, and the nature of the crime is not good, even though the amount of damage caused by the instant crime was a large amount, there is no complete recovery or agreement up to the trial, and the degree of the Defendant’s participation is considerably significant, strict punishment against the Defendant is required.

However, considering the fact that the defendant's mistake is divided, there is no criminal record exceeding the same criminal record or fine, that the defendant has reached an agreement with the victim BI and EP, and that the defendant's age, sex and environment, motive, means and consequence of the crime, and other conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, the court below's punishment is too unreasonable. Thus, the above argument by the defendant is justified.

3. Thus, the appeal by Defendant A, C, and D is without merit.

유사 판례

-광주지방법원 2018.01.24 2017노4406

-광주지방법원 2018.01.17 2017노4138

-광주지방법원 2018.01.10 2017노2629

-광주지방법원 2018.12.19 2018노2933

-광주지방법원 2018.01.24 2017노4325