(영문) 서울중앙지방법원 2016.08.25 2016노2064

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Reasons

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글꼴

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굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2016.08.25 2016노2064

전기통신금융사기피해방지및피해금환급에관한특별법위반등

Text

All the judgment below against the Defendants is reversed.

Defendant

A Imprisonment with prison labor for a year and six months, Defendant B and C, respectively.

Reasons

1. The sentencing of the lower court against the Defendants on the summary of the reasons for appeal (unfair sentencing) (the punishment of the lower court is unfair because it is too unreasonable to 2 years of imprisonment with prison labor, 3 years of imprisonment with prison labor, and 2 years and 6 months of imprisonment with prison labor).

2. The instant crime was committed in a systematic, planned, and intelligent manner, which is not good to the nature of the crime. The Defendant played an essential role in the instant crime as a standing member inducing the victims. The extent of damage to the instant crime reaches KRW 54.9 billion is disadvantageous to the Defendants.

In particular, Defendant B and C committed the instant crime as a repeated offense within three years after the execution of the sentence was completed due to the previous conviction as stated in the judgment of the court below.

However, there is no history of criminal punishment other than once, Defendant A has been sentenced to criminal punishment. Defendant A is the first offender, Defendant A compensates Q Q Q for the damage amounting to KRW 13 million in the original trial and does not want to be punished against Defendant A. The Defendants compensate for the damage amounting to KRW 500,000,000 to the victim Y in the first instance trial, and the Defendants do not want to be punished against the above victims by mutual consent. The victims do not want to be punished against the Defendants. The Defendants do not want to receive punishment against the Defendants; the profits gained from the crime of this case are not significant; the balance of punishment against the accomplices related to this case; the defendants' age, sex, environment, motive, means and consequence of the crime; and all the sentencing conditions shown in the records of this case and the changes theory, such as the circumstances after the crime, are inappropriate.

3. The lower judgment is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleadings, on the grounds that the Defendants’ appeal is with merit.

Criminal facts

The facts constituting an offense and the summary of the evidence recognized by the court shall be as follows.

유사 판례

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