(영문) 대전지방법원 2017.11.29 2017노2790 | 리걸엔진

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Reasons

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크기(pt)

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자간(%)

(영문) 대전지방법원 2017.11.29 2017노2790

사기등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

Seized evidence 1 to 6 shall be confiscated.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two and half years of imprisonment, confiscation) is too unreasonable.

2. The instant crime is a so-called “singishing,” and there is a need to eradicate it through a strict punishment. The Defendant’s withdrawal of the crime is an essential role in the realization of the Bosing phishing crime, and as such, the arrest and punishment of the principal offender who led the crime in the hinterland is not easy. As such, the degree of the Defendant’s participation in the crime is light.

It is difficult to see that the amount of damage in this case is a large amount of 4,6590,000 won, and that the Defendant was punished by a fine due to the crime of driving without a license, and that the Defendant was also subject to juvenile protective disposition twice due to the crime of driving without a license.

However, it is advantageous to the fact that the defendant recognized all the crimes of this case, the defendant's participation in the crime of this case was commenced on the part of the defendant, the period of participation is relatively short, and the actual profits of the defendant are not much high, the victims of the crime of this case of this case of this case of this case of this case of this case of payment of the total amount of KRW 12850,000,000 to the victims of the victims of the crime of this case of this case of this case, and the victims do not want to be punished even if they agreed smoothly, and the mother of the defendant shows his intention to actively lead the

In full view of the above circumstances and other conditions of sentencing, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence, etc., the lower court’s punishment is too unreasonable after considering the following circumstances.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the judgment below is reversed and it is ruled again as follows

【Grounds for the new judgment】

유사 판례

-대전지방법원 2017.09.20 2017노1239

-대전지방법원 2017.03.15 2016노3575

-대전지방법원 2017.08.23 2017노1393

-대전지방법원 2017.06.14 2017노768

-부산지방법원 2016.06.23 2016노948