logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.12.29 2020노3751
사기방조등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

On-board Q9 (No. 1), seized LG Q9.

Reasons

1. The lower court rejected the application for compensation filed by B and C, the applicant for compensation.

In this case where only the defendant appealed, the part of the judgment of the court below which dismissed the application for compensation order was already finalized (Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc., that the applicant for compensation cannot be dissatisfied with the judgment which dismissed the application for compensation).

2. The summary of the grounds for appeal (two years of imprisonment, confiscation) of the lower court is too unreasonable.

3. The amount of damage inflicted on the Defendant’s participation in the judgment is large.

It is necessary to strictly eradicate telephone financial fraud crimes that are highly harmful to society by systematically and systematically forming a large number of unspecified victims, and the defendant's act of collecting cash is also unnecessary to punish.

However, the defendant recognizes the crime, and is against himself.

The amount of damage is not significant in profits earned by C or Defendant.

There is no record of punishment for the same kind of crime, and it does not seem to have been involved with a conclusive intention on the crime of Bosing.

In addition, in full view of the Defendant’s age, character and conduct, environment, motive and background of the offense, means and consequence, circumstances after the offense, etc., and various sentencing conditions indicated in the instant pleadings and records, the lower court’s punishment is deemed unreasonable.

4. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts and the selection of punishment;

arrow