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(영문) 서울서부지방법원 2019.02.21 2018노1680

범죄단체가입등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The defendant asserts that with respect to the summary of the grounds for appeal, the court below's punishment (two years and four months of imprisonment), the defendant is too unreasonable, and the prosecutor asserts that it is too uneasible and unreasonable.

2. The fact that the Defendant reflects the mistake, that the period during which the Defendant joined and joined the criminal organization and participated in the crime of fraud is relatively short, and that part of the amount of damage was paid to the victim BW is favorable.

On the other hand, it is unfavorable that the call center leader of the Bosing Organization was responsible for the victims by deceiving the calls, and the role and degree of participation in the entire crime is not somewhat weak. In particular, the crime of this case is committed during the period of suspension of execution, even though the above judgment was finalized on November 27, 2015, by being sentenced to two years of suspension of execution for one year, due to the crime of fraudulent aiding and abetting with the content that the check card to be used for Bosing was transferred to Bosing on November 19, 2015.

In addition, in full view of the various circumstances that are conditions for sentencing, including the frequency of crimes, the scale of damage, the age, character and conduct, environment, etc. of the defendant, the judgment of the court below cannot be deemed to have exceeded the reasonable bounds of discretion, and there is no change of circumstances to deem that it is improper to maintain the sentencing of the court below as it is in the trial.

The defendant and prosecutor's argument of unfair sentencing is not accepted.

3. The appeal filed by the defendant and the prosecutor in conclusion is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.