(영문) 수원지방법원 2020.01.09 2019노6290 | 리걸엔진

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Reasons

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자간(%)

(영문) 수원지방법원 2020.01.09 2019노6290

공갈등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower judgment (two years of imprisonment) is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. We examine the above arguments by the Defendant and the Prosecutor.

The crime of this case is committed by the defendant, who is responsible for the withdrawal of cash or remittance of money necessary for the crime of Bophishing, and is actively involved in the crime in light of the method and contents of the crime, etc., which is very poor in the nature of the crime. The crime of this case is committed by the victim 25, the total amount of damage amount, and about KRW 136,00,000,000,000,000 that the defendant directly withdrawn from the crime of this case, and there is very heavy liability for the crime. The crime of Bophishing is committed by the crime of this case because the crime of this case is closely and systematically and systematically, and it is difficult to regulate the scope of damage and it is very difficult to recover damage as well as structural characteristics that are not easy to recover damage, and thus, it is highly necessary to strictly punish the defendant. The defendant's profit acquired by the crime of this case has not been recovered, and the defendant has not made efforts to recover damage.

On the other hand, the fact that the defendant led to the confession of the crime and reflects the depth of the crime, that the defendant has no record of punishment in Korea, that there is a family member in need of support for the defendant, and that C, an accomplice, was sentenced to two years of imprisonment, and this court was sentenced to the dismissal of the appeal (Uiwon District Court 2019No5300).

In full view of the aforementioned sentencing factors, the Defendant’s age, career, character and conduct, environment, motive, means, and consequence of the crime, etc., the sentence of the lower judgment cannot be deemed as excessive or unreasonable as it is too heavy.

Therefore, the defendant and the prosecutor.

유사 판례

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