beta
Text
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for two years.
seizure.
Reasons
1. The summary of the grounds for appeal (for defendant A, 3 years of imprisonment, confiscation, defendant B: imprisonment with prison labor for 1 year and 6 months, confiscation) of the lower court is too unreasonable;
2. Determination
A. As a result of the instant crime of determining the allegation of unfair sentencing by Defendant A, the amount obtained by the employees of Bosing singing singing singing singing singing singing singing singing singing
The so-called “wishing” crime, such as the instant crime, is committed in a systematic, planned, and intelligent manner, and is highly harmful to society, and as it is difficult to arrest the entire organization, it is necessary to severely punish even if only part of the crime is involved.
This is disadvantageous to the defendant.
However, the defendant shows his attitude to recognize and reflect all the crimes of this case.
The defendant cooperates in arresting the accomplice, and the part of the defendant's direct participation in the crime of this case seems to be part of the crime.
The Defendant took part in the so-called “string” and the degree of his participation is relatively heavy, and the Defendant is the first offender who has no criminal record before commencing the instant crime.
This is the circumstances favorable to the defendant.
In full view of such circumstances and circumstances as the defendant's age, environment, character and conduct, motive of the crime, circumstances before and after the crime, equity of punishment in similar cases, etc., it is determined that the sentence of the court below is somewhat unreasonable.
B. The Defendant took part in the instant criminal act as a “passing” and the degree of his participation is relatively heavy.
The defendant did not have the same criminal record, and the court below agreed with the victim BA.
This is the circumstances favorable to the defendant.
However, there are about 130,000 million won in the amount obtained by deceptioning staff due to the crime of this case.