(영문) 대구지방법원 2019.08.30 2019노2121 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2019.08.30 2019노2121

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. As to the summary of the grounds for appeal (two years of imprisonment) by the lower court, the prosecutor asserts that the sentence is unfilled and unreasonable, and the Defendant asserts that the sentence is unreasonable.

2. We also examine the judgment prosecutor and the defendant's arguments.

In order to eradicate the crime of this case, the crime of this case is committed systematically and systematically against many and unspecified persons, and there is a significant social harm caused by the crime, and since the method has become more and more effective and organized, it is necessary to punish only part of those who participated in the crime in order to eradicate it.

The role of the defendant in the crime of this case is to transfer money by receiving cash directly from the victim, which is to realize the proceeds of crime and make it difficult to trace them, and the responsibility for the crime is not against the law, and it is not good that the document is delivered to the victim.

Although the amount of damage is small, there is no reason to recognize that the defendant made efforts to recover damage.

The above circumstances are unfavorable to the defendant.

However, considering the favorable circumstances such as the Defendant’s confession of the instant crime, the number of crimes is not large, the fact that the Defendant has no record of punishment exceeding the fine, equity in sentencing with similar cases, the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions specified in the records and arguments, such as the circumstances after the instant crime, the lower court’s punishment is unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.

Criminal facts

The summary of this and the facts charged by the court and the summary of the evidence are as follows.

참조조문

-형사소송법 제364조 제6항

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