logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.08.16 2018노668
위계공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The defendant's defense counsel with the summary of the grounds for appeal of this case presented a written opinion on June 5, 2018, which is after the deadline for submitting the statement of reasons for appeal of this case expires. The defendant asserts that "the crime for which judgment has become final and conclusive is the same as the name of the crime and the form of act, the damage legal interests are the same, and the crime is a single and continuous crime committed under the single and continuous criminal intent, and therefore, the defendant's defense counsel is claiming that the judgment of acquittal should be pronounced on the facts charged of this case.

Although the criminal facts of the crime for which judgment has become final and the facts charged in this case are similar to the applicable law, it cannot be deemed that the criminal acts of the defendant are likely to be repeated in light of the nature of the elements constituting the crime, and it is difficult to view it as a single crime based on a single criminal intent.

Therefore, the Defendant’s assertion of misapprehension of the legal doctrine that the facts charged in the crime for which judgment became final and conclusive and the facts charged in this case are a single-inclusive crime

The sentence of the lower court (six months of imprisonment) is too unreasonable.

2. The Defendant asserts that the degree of participation is insignificant in sentencing.

In light of the Defendant’s statement at the investigative agency, the “Cheongdo Team” means that the Defendant has recruited an account to be used in operating an illegal gambling site, and then has remitted money to another person by sending the account number and each account, and then reported that it is a loan fraud damage to the police, and the Defendant filed an application for suspension of payment with the bank upon receipt of a written confirmation of damage, and the Defendant’s request for suspension of payment will terminate payment on the face of the following money.

The organization that receives money is a planned and organized organization to commit a crime.

The crime of this case was commenced upon the request of two members of the Cheongdo Team to recover money from the Defendant, and upon the request of the members of the Cheongdo Team affiliated with the “Cheongdo Team,” requesting the Cheongdo Team to commit the crime of false reporting of the head of the Cheongdo Team, and introducing A to the Cheongdo Team by a false reporter.

arrow