beta
(영문) 인천지방법원 2018.02.08 2017노4724

사기

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. As to the summary of the grounds for appeal (unfair sentencing of each sentencing) by the court below, the defendant asserts that the defendant is too unfasible and unfair, and the prosecutor is too unfasible and unfair.

2. The circumstances are favorable to the Defendant, such as the fact that the Defendant recognized the instant crime in the course of the trial, and against the mistake, the fact that the instant crime was likely to have been committed due to the economic lack, the first offender, and the fact that the victims have paid a certain portion of the amount of damage and agreed to it smoothly with the victims, etc.

On the other hand, the new type of crime resulting from the development of information and communication technology not only causes victims to undergo considerable mental symptoms, but also causes side effects that undermine trust in the whole society, and in the case of Bosing crimes, it seems that the role of the mediation staff is merely part of the total crime, and the role of the mediation staff is minor. However, such a variety of roles can not be achieved if the role is not properly performed as an essential element for the execution of the entire crime, and in light of the characteristics of the organized crime, the role of the defendant at Bossssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssss.

In full view of the above circumstances and other circumstances, including the Defendant’s age, sexual conduct, motive, means, and consequence of the instant crime, and the circumstances after the commission of the crime, the sentence imposed by the lower court is too heavy or unreasonable.