(영문) 수원지방법원 2021.02.08 2020노6274 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2021.02.08 2020노6274

사기등

Text

Defendant

All appeals filed by B and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B’s punishment (one year imprisonment) of the lower judgment is too unreasonable in light of the following: (a) Defendant B was involved in the commission of the commission of the phishing crime without a conclusive intention; and (b) all the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of

B. In light of the fact that the damage caused by Bosing (for the Defendants), the number of damage caused by Bosing increases each year, and that Bosing’s cash withdrawal measures are to withdraw the ultimate objective of the crime from the victims and deliver it to other chief staff, and at the same time, contribute to the crime, at the same time, to the Defendants, the lower court’s punishment against the Defendants (Defendant B: 1 year of imprisonment and Defendant C: 6 months of imprisonment) is too uneased and unreasonable.

2. We examine the arguments of Defendant B and the Prosecutor.

The Criminal Litigation Act, which takes the principle of court-oriented trials and the principle of directness, has a unique area for the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no change in the meaning of the conditions of sentencing compared to the lower court’s judgment in light of the materials submitted in the trial court. In full view of all the reasons for sentencing as indicated in the records of the instant case, the lower court’s sentencing against the Defendants was too heavy or unfased so that the lower court exceeded the reasonable scope of discretion.

shall not be deemed to exist.

Therefore, the appeal by the defendant B and the prosecutor is without merit.

3. Conclusion, the appeal by the defendant B and the prosecutor is dismissed in entirety as it is without merit. It is so decided as per Disposition.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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