(영문) 대구지방법원 2017.10.20 2017노2257 | 리걸엔진

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(영문) 대구지방법원 2017.10.20 2017노2257

사기등

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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. Summary of grounds for appeal;

A. Of the facts charged in the instant case, the Defendant committed the second part of the crime committed on August 8, 2014 as indicated in the judgment of the court below, which was the day of the Defendant’s departure from the Thailand with the organization of Bosing “ Bosing,” and the Defendant arrived at the Thailand on August 8, 2014 at the latest or following day. As such, the crime of the said part was committed before the Defendant participated in the organization of Bosing, and there was no fact that the Defendant participated therein.

Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous.

B. The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s duly admitted and investigated evidence, namely, ① the Defendant recognized all these charges in the investigative agency and the court of the lower court’s judgment (Evidence No. 831-834 of the evidence record, page 29 of the trial record), and ② the Defendant’s “Singing” crime, such as the instant case, bears the role of a large number of participants, and committed the crime. As long as the Defendant recognized that it was an organization for the purpose of “Sing” and agreed to work together with other officers, it shall be deemed that the Defendant cannot be exempted from the joint principal offender for the crime of fraud committed from that time. ③ Accordingly, even if the Defendant committed this part of the crime before the arrival of the container where the Defendant remains, the Defendant cannot be deemed to be liable for the Defendant’s participation in the Defendant’s organization, as long as the Defendant had agreed to do so, and ④ the Defendant appears to have taken part in the crime of “Sing 151” as the instant facts charged.

유사 판례

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