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(영문) 서울남부지방법원 2018.02.08 2017노1786
업무방해등
Text

Defendant

All appeals filed by A and the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that Defendant A is in profoundly against Defendant A, each of the instant crimes committed without proper awareness of illegality during his life, and that the lower court agreed on the victim X and the crime of intrusion upon residence and theft in the lower court, and that it is very difficult to support the family of the Defendant A, etc., the sentence imposed by the lower court (one year and four months of imprisonment) is too unreasonable.

B. The transfer of media with access to public inspection is the premise of the crime that has great social harm and injury, such as Bosphishing and Internet gambling, and the account transferred by the Defendants is actually used for the actual crime. In the case of Defendant A, 14 accounts have been established under the name of the corporation by actively registering a false corporation during the period during which the execution of the execution of the execution of the execution of the execution of the contract, and continued to receive compensation for the transfer of the account for one year or one year. Defendant B instructed Defendant A to implement the act by clearly informing Defendant A of the method of crime of violation of the Electronic Financial Transactions Act, such as interference with the instant business, false entry of public electronic records, etc., false electronic records, etc., and the use of electronic records, etc., and Defendant B committed the instant crime, even though having been sentenced to punishment for forgery of resident registration certificates and credit cards, etc., and thus, the sentence should be imposed. In light of the fact that the sentence

2. Determination

A. In our criminal litigation law, which adopts the trial-oriented principle and the principle of directness as to the judgment criteria for the unfair argument of sentencing, where there exists a unique area of the first instance judgment as to the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance judgment, and the first instance judgment does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015).

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