(영문) 대전지방법원 2020.01.15 2019노3085 | 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) 대전지방법원 2020.01.15 2019노3085

컴퓨터등사용사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (a three-year imprisonment, confiscation, and compensation order) is too unreasonable.

2. Determination

A. The fact that the defendant committed a crime in the course of the trial is favorable to the defendant that the defendant committed a crime and reflected in the trial.

As a member of the Bosing Organization, the Defendant committed a planned crime, such as misrepresenting a public institution and establishing a malicious code by sharing roles with China and other members of the Republic of Korea as well as by sharing roles with other members of the Chinese and the Republic of Korea. The amount of damage to the Defendant’s involved in the crime is very large of KRW 328 million, and the damage has not been recovered is disadvantageous to the Defendant.

In full view of the aforementioned circumstances and other factors, including the motive, means, and consequence of the crime, and the circumstances after the crime, etc., the sentencing of the lower court cannot be deemed to have exceeded the reasonable scope of discretion because the sentencing of the lower court is too unreasonable.

B. Meanwhile, the defendant asserts that the court below's compensation order ordering the applicant to pay the total amount of damages exceeding the above amount merely because the part of the defendant's direct withdrawal was 50 million won among the total damages.

However, in light of the defendant's role in the crime of this case, the court below's compensation order is just in light of the circumstances such as the defendant's role as a co-principal of the entire crime of this case, and from the civil perspective, the defendant is liable to compensate the victim for damages due to joint tort. This part of the defendant's assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

참조조문

-형사소송법 제364조 제4항

유사 판례

-대전지방법원 2019.08.28 2019노1724

-대전지방법원 2015.11.27 2015고단3510

-광주지방법원 2017.10.26 2017노567

-수원지방법원 2018.08.23 2018노4104

-인천지방법원 2016.10.21 2016노3268