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(영문) 서울서부지방법원 2017.08.31 2017노715

사기등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. On the summary of the reasons for appeal, the defendant asserts that the punishment imposed by the court below is too unfasible, and that the prosecutor is too unfasible and unfair.

2. There are more favorable circumstances, such as the fact that there is a need for strict punishment against the participants in the judgment telephone financial fraud crime, the defendant received the money by deception and delivered it to his accomplices, and stored several accessible media, and the degree of participation is not less severe, and the victims do not recover from damage. Meanwhile, the defendant is against his mistake, and all the crimes are recognized in the trial, and the defendant has no criminal history except the suspended indictment due to the violation of the Medical Service Act, and the defendant is short of the period of participation, and the defendant's profit from the crime of this case is small amount, and the defendant seems to have actively cooperated in the investigation.

In light of the above circumstances and other circumstances, the Defendant’s age, sexual conduct, environment, circumstances leading to the commission of the crime, and all the conditions of sentencing as shown in the pleadings, such as records and arguments, the punishment imposed by the lower court is too heavy or is deemed unreasonable.

3. According to the conclusion, the appeal filed by the defendant and the prosecutor is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act, since it is not reasonable.

참조조문