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(영문) 창원지방법원 2017.06.16 2017노1009
사기등
Text

The judgment below

The part against the Defendants is reversed.

1. The defendant A shall be punished by imprisonment with prison labor for one year and six months;

seizure.

Reasons

1. The defendants' grounds of appeal are inappropriate for sentencing.

2. The judgment below held that the social harm of the phishing crime is very high, and that the role of each of the employees, such as the Defendants, in light of the characteristics of the phishing crime, is an essential element for the implementation of the phishing crime, under the circumstances that the Defendants did not have any criminal record or any other criminal record, the Defendants agreed with L, and the total role and proportion of the employees in the phishing crime are significant.

Considering the favorable circumstances that could not be seen, the sentence was imposed in full view of the Defendants’ roles, the period of participation, the background and degree of participation, whether or not other accomplices have been induced to commit the crime, actual profits, the attitude shown in the process of investigation and trial, efforts to recover damage, and other conditions of sentencing, including the Defendants’ age, sex, criminal conduct, environment, family relationship, motive and background of the crime, means and method of the crime, and the circumstances after the crime.

In full view of the circumstances such as the fact that some of the Defendants were engaged in cooperation in the arrest of additional accomplices, the age of the Defendants has yet to be young, and their family members also expressed their will to pay deep attention to preventing re-offending by wanting the Defendants from committing a crime, the lower court’s punishment is somewhat unreasonable.

3. In conclusion, the part of the judgment below against the Defendants among the defendants is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendants is justified, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts;

A. Defendant A: Article 347 of the Criminal Act.

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