(영문) 대전지방법원 2020.05.07 2020노531 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2020.05.07 2020노531

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than one year and ten months) of the lower court is too unreasonable.

2. The judgment of the court below requires a strict punishment of the participants in the crime whose nature of the crime is very poor, and the Defendant’s life in an overseas Bophishing organization office, and the degree of participation in the crime is not easy in that he takes part in the crime.

The instant crime was committed against an unspecified number of victims, and the amount of damage therefrom exceeds approximately KRW 80 million.

Although the defendant agreed with some victims and expressed his/her intention that the victims would not be punished for the defendant, it is very insufficient to recover damage in consideration of the number of victims and the amount of damage.

Considering such unfavorable circumstances, it is inevitable to strictly punish the defendant.

However, there is a new circumstance that the defendant has already agreed with some victims (A, AJ, BR, EM, F) and expressed his/her intention that the victims will not be punished against the defendant, in addition to the circumstances that take into account the favorable circumstances in the original trial, such as the fact that the defendant fully recognized the crime of this case and reflects the fact that the defendant has no record of punishment in excess of the previous penalty, and that the defendant has reached an agreement with some victims (DJ,N, and AX).

Considering such new sentencing factors as the motive, background, means and method of the instant crime, the circumstances before and after the instant crime, the Defendant’s age, character and conduct, and environment, and the result of the application of the sentencing guidelines by the Sentencing Committee, the lower court’s punishment is somewhat inappropriate.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the court below is ruled as follows

In other words,

참조조문

-형사소송법 제364조 제6항

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