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(영문) 대구지방법원 2021.01.13 2020노3461
사기방조
Text

The judgment below

The part of the defendant's case against the defendant is reversed.

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

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant’s wrongful argument on the sentencing of sentencing is that it is difficult to crack down on the crime because the method of crime is tight and intelligent, and the scope of damage is not a discriminatory and light, and the damage is not easy to recover from damage.

The crime of this case was committed by aiding and abetting the singish crime, and thus, the responsibility of the defendant is heavy.

In light of the fact that there are a large number of crimes in this case, the total amount of damage exceeds KRW 184 million, and that most damage caused by the crime in this case has not been recovered, a sentence of imprisonment to the defendant is inevitable.

However, the defendant recognized the crime of this case and reflects it, and the profit gained from the crime of this case is not significant compared to the scale of the crime.

The sum of the amount of damage to one victim agreed upon in the trial of the court below is about 7.9% of the sum of the amount of damage of this case, which was agreed upon by the court below. The defendant has no record of punishment exceeding the same kind of punishment or fine. The defendant's family members and his/her neighbors want to take full account of all the circumstances as shown in the arguments of this case, including the motive, background, means and method of the crime, the degree of the defendant's participation in the crime, the degree of the defendant's participation in the crime, and the circumstances, age, occupation, family relationship, health status, etc. before and after the crime, the punishment imposed by the court below is unreasonable.

3. When the defendant who made a decision on the part of the compensation order among the judgment below files an appeal against a conviction, the compensation order shall be transferred to the appellate court along with the defendant case pursuant to Article 33(1) of the Act on Special Cases concerning the Promotion, etc. of Litigation, even if he does not object

The lower court accepted the applicant D’s application for compensation, and the Defendant did not assert any grounds for appeal against this part.

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