logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2021.03.24 2021노269
사기
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (ten months of imprisonment) of the lower court is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). As indicated in the lower judgment’s records, the fact that the Defendant intentionally led to this case, the fact that the Defendant’s acquisition was not a substantial amount of penalty, and the fact that the Defendant did not have any criminal record exceeding the fine, and that the Defendant did not have any record of the same crime

However, it is difficult to expect the success of the crime if the crime of this case was committed by the so-called “phishing” method, and the role of some participants is not performed properly. Thus, even if only a specific role was done, the necessity of punishment is not small in light of the social malicious behavior, and the fact that no damage or agreement has been paid to the victim is disadvantageous to the defendant.

In light of the above circumstances, the lower court determined the Defendant’s punishment in light of the above circumstances, and there was no change of circumstances that could be evaluated differently from the sentencing conditions of the lower court in the first instance except the circumstances set by the lower court, and in full view of the following circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too unreasonable to the extent that the lower court’s punishment goes beyond the reasonable scope of discretion.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

arrow