logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.01.16 2019노6454
공갈등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. The circumstances, such as the Defendant’s confession of all of the instant crimes and reflects on his depth his mistake, and the fact that the Defendant has no record of punishment in the Republic of Korea, are recognized.

However, the crime of this case is committed in collusion with the victims by taking part in the organization of the crime of Bophishing and taking part in the act of cash withdrawal and taking part in the organization of the crime of this case, and takes money from the victims or by taking advantage of the method of access, such as physical cards. The nature of the crime is very poor in light of the methods and contents of the crime. The number of the defendants' participation in the crime reaches 41 times, and the total amount of damage reaches 126 million won, and the liability for the crime is very significant. The crime of Bophishing is very important because it is difficult to crack down because the law of the crime of this case is fatal and planned and it is not easy to recover damage, and the social harm is very high. Accordingly, it is highly difficult to strictly punish the victims. The victims do not recover the damage, and the defendant did not endeavor to recover the damage, and the punishment of this case is not recognized in light of the circumstances such as equity in sentencing of the punishment of the same or similar case, the defendant's age, character and conduct, motive and circumstances, etc.

Therefore, the defendant's above assertion is not accepted.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow