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(영문) 광주지방법원 2019.08.28 2019노1601
범죄단체가입등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

Reasons

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

2. The judgment of the court below is that the crime of this case was committed in a systematic form of a cryping, thereby creating unspecified number of victims, and especially causing serious damage to the victims vulnerable to economy and society, it is necessary to strictly punish them. The defendant, as an employee of Boscing, assumes an important role of deceiving victims by misrepresenting the prosecution investigator as an employee of Boscing, and the fact that the damage was not recovered at all, is disadvantageous to the defendant.

However, in full view of all the circumstances that are favorable to the defendant, including the defendant's age, character and behavior, environment, circumstances after the crime, the period of activity after the crime, and the amount of fraud, the court below's punishment seems to be somewhat unreasonable, since it seems that the defendant's argument is somewhat unreasonable, since it is reasonable that the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of the

Application of Statutes

1. The membership and activities of a criminal organization under Articles 114 and 347(1) of the Criminal Act regarding criminal facts, and the composition or joining of a criminal organization is scheduled as a member of the criminal organization, regardless of whether the criminal act has been committed.

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