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(영문) 대구지방법원 2020.04.24 2020노61
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentenced by the court below to the summary of the grounds for appeal (four years of imprisonment) is too unreasonable.

2. The defendant's confession of each of the crimes of this case and reflects the mistake is favorable to the defendant.

However, the crime of this case is a so-called "phishing" crime that is systematically and systematically conducted for many and unspecified persons, and the crime of this case is highly likely to cause more difficult situations by taking the economically and socially weak persons into account as a major crime, and using the poor wife, etc., and not only causes property damage but also causes considerable mental legacy in addition to property damage, but also causes confusion and uncertainty in the order of financial transactions, thereby undermining the trust of the whole society.

In addition, since the Criminal Code has become more intelligent, the scope of damage has been expanded in a non-discriminatory manner, and the damage has a structural characteristic that is not easy to recover, it is necessary to strictly punish persons who have participated in the crime in order to eradicate it.

The Defendant entered Korea for the purpose of committing a crime, and stolen money exceeding KRW 100,000 from six accomplicess, which is a total of KRW 100,000,00,000. This is a realizing criminal proceeds, and the degree of participation is not less than that of the victims, and it is not very good to commit a crime in light of the applicable criminal law, such as personal intrusion upon their residence.

As above, the Defendant did not make all efforts to recover damage to the extent that the damage is very serious.

In addition to the above unfavorable circumstances, there are no special circumstances or changes in circumstances that may be newly considered after the sentence of the lower judgment, and all of the sentencing conditions specified in the records and arguments of the instant case, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, etc., shall be considered.

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