(영문) 대구지방법원 2021.03.30 2021노459 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2021.03.30 2021노459

사기

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The defendant's appeal is dismissed.

Reasons

1. The lower court dismissed the application for compensation by the applicant for compensation.

According to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the applicant for compensation is not entitled to appeal against the judgment dismissing the application, and since the part of the judgment below dismissing the application for compensation order has already been finalized, it is excluded from the judgment of this court.

2. The decision of the court below (one year and four months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

3. The lower court determined a punishment by comprehensively taking account of the circumstances favorable to the Defendant, such as the following: (a) the crime of Bosphishing fraud was committed in an organized and planned intelligent manner against many unspecified victims; (b) the social harm from the crime was serious; (c) the victim 5; (d) the sum of the amount acquired by the Defendant was not less than 5,793,00 won, and the fact that the Defendant was involved in the crime; (c) the Defendant committed the crime; (d) the criminal committed the crime; (d) the actual gains acquired are smaller than the amount acquired by the Defendant; (d) the criminal committed by willful negligence; and (e) the Defendant was committed by the Defendant with no penalty history other than three times, other than fines for violation of the Act.

In light of the above circumstances unfavorable to or favorable to the Defendant, and the Defendant again committed the same offense even after being arrested as the date on which the commission of the commission of the commission of the phishing crime was set off, and other circumstances revealed in the pleadings of this case, such as the Defendant’s age, sexual conduct, means and consequence of the commission of the crime, etc., the lower court’s punishment is too unreasonable.

4. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that the appeal is groundless.

유사 판례

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