(영문) 대구지방법원 2014.11.28 2014노3704 | 리걸엔진

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(영문) 대구지방법원 2014.11.28 2014노3704

유사수신행위의규제에관한법률위반

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months of imprisonment) is too unreasonable.

2. It is recognized that the defendant not only had the record of criminal punishment four times for the same crime (two times of actual punishment, one time of suspended execution, and one fine) but also committed the crime of this case when two months have passed since the execution of imprisonment was completed due to the same crime, and that the amount of the funds that the defendant raised under the pretext of investment from the victims is not less than 4,580 won, but the quality of the crime is not good in light of the number of victims and the Criminal Procedure Act.

However, when considering the fact that the defendant led to the confession and reflect of the crime, and that the defendant made an additional agreement with the victim K, L, M, N, and the victim agreed smoothly with all victims except the victim'sO, and the victim'sO made efforts to recover damage by paying the amount of damage, etc., and the victims are also responsible for the occurrence of the crime of this case or the expansion of damage caused by the occurrence of the crime. In addition, considering the various circumstances, the role and degree of participation of the defendant in the crime of this case, including the defendant's age, character and behavior, motive, means and consequence of the crime, circumstances after the crime, etc., the punishment imposed by the court below is somewhat inappropriate.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.

참조조문

-형사소송법 제364조 제6항

-형사소송법 제369조

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