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(영문) 수원지방법원 2019.06.20 2019노2008

사기방조등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The crime of this case was committed with the intent of aiding and abetting the morale of the crime of the Bosing Criminal Organization, and was committed by keeping 13 check cards under the name of another person as cash withdrawal, and delivering 8 million won by using them. In light of the methods and contents of the crime, the crime is very poor in light of the nature of the crime, and the crime of Bosing is very poor and planned, and it is difficult to crack down because the method of the crime is tight and planned, and it is difficult to control the scope of damage, and there is a very little structural characteristic that is not easy to recover damage, and thus, the social harm and injury is very high. Therefore, it is disadvantageous to the fact that it is necessary to strictly punish the crime.

On the other hand, there are favorable circumstances such as the fact that the defendant led to the crime of this case and reflects his mistake in depth, the fact that the defendant was arrested and appears to have been partially recovered from the damage due to his failure to deliver his wife, the fact that the victim paid 4 million won to the victim and did not want the punishment for the defendant, and that the defendant did not have any record of criminal punishment.

Considering the equity in sentencing with cases of the same or similar circumstances as above, as well as the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment is too heavy as the Defendant alleged, or it cannot be deemed unfair because it is too unreasonable as it is alleged by the prosecutor.

Therefore, the defendant and the prosecutor's above assertion are not accepted.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are made under Article 364(4) of the Criminal Procedure Act.