(영문) 부산지방법원 2015.04.30 2014노3929 (1)

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(영문) 부산지방법원 2015.04.30 2014노3929 (1)

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for four years.

Reasons

1. The summary of the grounds for appeal (six years of imprisonment) by the lower court is too unreasonable.

2. The crime of this case was committed by the Defendant and his accomplice using the personal information of the victims obtained through hacking on the Internet site of adults without their consent and returned the small amount payment to the victims who known and resisted the fact of small payment, and continuously acquired money from many and unspecified unspecified persons for about one year and two months by means of the method of collecting the remaining money through a large amount of money, the crime of this case is not highly likely to be committed in view of the fact that the total amount of damage reaches KRW 2 billion.

Furthermore, considering the fact that the Defendant led the instant crime and led the Defendant to commit it, and played a pivotal role, and considering the method of distributing and settling criminal proceeds between the Defendant and B, and the transfer of funds received during the period of crime, etc., the criminal proceeds constituting the Defendant’s account not only amount to at least KRW 00 million but also the largest amount of profits among the accomplices, it is inevitable to strictly punish the Defendant.

However, considering the fact that the defendant recognized all of the crimes of this case in the trial of the court, that there is no record of punishment for the same crime, that there is no record of the defendant being sentenced to punishment, that the degree of participation rather than the defendant is weak but it is necessary to consider equity in the punishment B and C that has been involved in the crime, and that it is not sufficient for the defendant to have been involved in the crime, and that other sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and conduct, environment, method of crime, circumstances, punishment among accomplices, equity in punishment among accomplices, etc., are considered, the sentence of the court below is somewhat inappropriate.

3. In conclusion, the defendant's appeal is reasonable, and therefore, it is in accordance with Article 364 (6) of the Criminal Procedure Act.

참조조문

-형사소송법 제364조 제6항

유사 판례

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