logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.02.13 2019노2587
범죄단체가입등
Text

The judgment of the court below is reversed.

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

60 million won shall be additionally collected from the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than two years and six months, and collection of penalties) of the lower court is too unreasonable.

2. The crime of Bosing committed by the Defendant is highly likely to cause harm to an unspecified number of ordinary people in need of sudden transfer in a planned, organized, and intelligent manner due to economic difficulties. The Defendant joined a crime organization and recruited a passbook account that is essential for the crime of Bosing in China by participating in a call center in China. The degree of participation in the act of a telephone counselor at the local call center in China is not somewhat weak, the victim is the majority of the victims, and the amount of damage is very large and almost little has not been recovered.

However, the court below's punishment is somewhat heavy when considering the defendant's age, character and behavior, environment, health conditions, circumstances leading to the crime, means, and results, etc., such as the defendant's age, character and behavior, the situation of the crime, means, and the circumstances after the crime, etc., are considered to be somewhat excessive if the court below's punishment is considered.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence and the summary of evidence are the same as stated in each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 114 of the Criminal Code for the crime at issue (including joining and running activities of a criminal organization) and Article 347 of the Criminal Code.

arrow