(영문) 수원지방법원 2020.09.10 2020노1787 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2020.09.10 2020노1787

사기방조

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for a period of one year, and the second instance judgment: imprisonment with prison labor for a period of four months) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

This Court decided to consolidate each appeal case against the judgment below and decided to hold the judgment below together, and each of the offenses against the judgment below is concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act. Therefore, all of the judgment below should be reversed.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

[Discied reasoning] Criminal facts and summary of evidence recognized by the court are identical to each corresponding part of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) and Article 32(1) of the Criminal Act, the applicable provision of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

1. Of concurrent crimes, the crime of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is committed by the Defendant by taking part in the collection of cash and remittance of the amount of damage to the organization of Bophishing criminal organization, and aiding and abetting the commission of fraud by the organization of the crime. The nature of the crime is very poor. The crime of Bophishing is fatal and organized, and it is difficult to regulate the scope of damage as it is not easy to recover from damage, and it is highly harmful to the society.

On the other hand, the defendant recognized all of the crimes of this case.

참조조문

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