(영문) 광주지방법원 2013.10.23 2013노1820 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2013.10.23 2013노1820

사기

Text

The judgment of the court below, excluding the part concerning the application for compensation, is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

evidence of seizure.

Reasons

1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. The crime of Bosing, like the instant case, is committed in a systematic and planned manner against many and unspecified persons. In light of the fact that the method of committing the instant crime becomes more intelligent, and the social and economic harm is serious, the Defendant participated in the instant crime from November 2012, and led the Defendant to the Defendant Co-Defendant A et al. in the lower court’s criminal act. From January 13, 2013, the Defendant performed the role of withdrawal management measures. The withdrawal of the amount that the Defendant was in charge is essential and conclusive for the completion of the entire criminal act, and the amount of the crime is not less than 39,310,000 won in total, and the amount of damage caused by the instant crime is more than 39,310,000 won in total, and the damage caused by the victims to the trial is not recovered, it is necessary to punish the Defendant corresponding to the liability.

However, the decision of the court below, which held that Co-Defendant C was sentenced to imprisonment of one year and six months at the court below and served as the defendant's first offender, who led to the defendant's confession of the crime of this case and the defendant's actual profit acquired by the crime of this case, the defendant's primary offender, the defendant's withdrawal or withdrawal management, and the remittance of the money withdrawn from the defendant's withdrawal or withdrawal management, and delivered it to the upper organization, is finalized. The balance of sentencing between the above C and the defendant should also be considered. In full view of the defendant's age, character and behavior, family environment, etc., and other conditions of sentencing specified in the records and arguments of this case

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

Criminal facts

b) the summary of the evidence and evidence.

참조조문

-형사소송법 제364조 제6항

유사 판례

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