(영문) 인천지방법원 2015.10.07 2015노2932 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2015.10.07 2015노2932

컴퓨터등사용사기등

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for one year.

evidence of seizure.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s punishment is too unreasonable.

B. The Prosecutor’s sentence against the Defendants in the lower court is too unhued and unreasonable.

2. Determination

A. In full view of all the sentencing conditions shown in Defendant A’s records and arguments, and the fact that Defendant A had the same criminal record and committed the instant crime during the period of repeated crime, but did not seem to play a leading role in each of the instant crimes, and that the sentence of the lower court is too heavy or unreasonable.

B. All of the sentencing conditions shown in Defendant B’s records and arguments and the crime of fraud using the computer, etc. of this case committed against an unspecified number of persons, which are extremely poor in terms of the nature of the crime committed in a planned and organized manner. The act of arranging and introducing withdrawals like Defendant B is indispensable to achieve the purpose of the crime of fraud through Bophishing, and the degree of participation in the crime cannot be deemed to be negligible, and the victims’ damage was not recovered, and the same criminal record was committed during the accident and escape. In full view of the above, the lower court’s punishment is too unreasonable.

C. In full view of Defendant C’s various sentencing conditions as shown in the records and arguments of this case and the fact that Defendant C did not have any same criminal record, and that the victim paid KRW 24 million at the court below and deposited KRW 3 million at the court below, the sentence of the court below is too unfeasible and unfair.

3. In conclusion, since the prosecutor's appeal against the defendant B is well-grounded, pursuant to Article 364 (6) of the Criminal Procedure Act, the part concerning the defendant B among the judgment of the court below is reversed, and the following is ruled as follows. Since the appeal against the defendant A and the prosecutor's appeal against the defendant A and the prosecutor are without merit, they are dismissed in accordance with Article 364 (4) of the Criminal Procedure

Criminal facts

b) the summary of the evidence and evidence.

참조조문

-형사소송법 제364조 제4항

-형사소송법 제364조 제6항

유사 판례

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