logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.05.19 2017노1032
사기등
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for eight months.

Reasons

1. Summary of grounds for appeal;

A. The defendants' punishment (ten months of imprisonment) declared by the court below is too unreasonable.

B. The above punishment imposed by the court below on the Defendants by the prosecutor is too unfortunate and unfair.

2. We examine the grounds for appeal by the Defendants and the Prosecutor.

The crime of this case is a so-called “sing” crime committed on a systematic intelligent basis for an unspecified number of victims.

Such a Singishing crime is not very good to commit a crime that impairs the safety and order of trading and public trust.

The Defendants served as a telephone counselor who is a guide, and the above roles performed by the Defendants are less than the percentage of the Defendants’ aforementioned roles within the singish criminal organization.

shall not be deemed to exist.

Such circumstances are disadvantageous to the Defendants.

However, the Defendants have shown an attitude to make a confession of all the crimes of this case and to reflect in depth the mistake.

In the judgment of the court below, four victims agreed to each other, and the court of appeal paid half of the amount of damage in the judgment of the court below and additionally paid the amount of damage to the victim A who agreed to.

As a result, all victims have recovered all the money obtained by deceit.

The period in which the Defendants participated in the commission of the crime was two months, and they voluntarily deviate from the licensing organization.

There is no history of criminal punishment prior to the crime of this case, and the family members of the Defendants are responsible for the guidance of the Defendants, and the relationship between the Defendants and their family members seems clear.

In light of these various circumstances, comprehensively taking into account the Defendants’ age, sexual conduct, environment, motive, means and consequence of the commission of the crime, and all of the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the commission of the crime, each sentence imposed by the lower court on the Defendants is unreasonable.

3. Conclusion.

arrow