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(영문) 서울서부지방법원 2019.03.21 2019노63

사기등

Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year and two months.

Reasons

1. Summary of grounds for appeal;

A. The punishment against the prosecutor’s defendants (one year and six months of imprisonment) is too unhued and unfair.

B. The punishment against the Defendants is too unreasonable.

2. We examine both the judgment prosecutor and the Defendants’ assertion of unreasonable sentencing.

Since the Singishing crime is very likely to cause social harm to many unspecified victims, such as in a planned and systematic manner and causing a big economic difficulty to the victims, it is necessary to strictly punish the subordinate participants.

The extent of the Defendants’ participation in a criminal act such as inducing the subject of the criminal act by misrepresenting the inspection and inducing the subject of the criminal act is not easy.

Considering these circumstances, the sentence of sentence on the Defendants is inevitable.

On the other hand, the defendants appear to have led to the confession and reflect of the crime, and the period of participation in the crime is relatively short; the defendant A paid 3 million won to the victim in the original trial and did not want the victim's punishment; the defendant B paid 2 million won to the victim in the first instance trial and did not want the victim's punishment; the defendant B paid 2 million won to the victim in the first instance trial and paid 2 million won to the victim and did not want the victim's punishment; and other sentencing conditions such as equity of the punishment imposed by H and G, the defendants' age, character and conduct, family relationship, and circumstances after the crime are considered, there is a need for mitigation because the sentence of the court below is too excessive

Therefore, the Defendants’ assertion of unfair sentencing is justified, and the prosecutor’s assertion of unfair sentencing is without merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the following judgment is rendered again after pleading.

【Reason for the Judgment of the Supreme Court】 Facts constituting an offense and summary of evidence recognized by the court, and evidence related thereto.