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(영문) 서울남부지방법원 2015.12.17 2015노1648

사기방조등

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for nine months.

Defendant

A, D.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that Defendant A’s Defendant’s mistake is divided into one another, and reflects the other, that the Defendant acquired profits, that the Defendant agreed with the victims, and that the Defendant committed each of the crimes of this case with economic difficulties, etc., the sentence (one year and two months of imprisonment) imposed by the lower court is too unreasonable.

B. In light of the fact that Defendant B’s Defendant’s mistake was divided and reflected in the investigation, active cooperation was made in the investigation, the primary offender, the degree of participation in the crime was written, the degree of acquiring profits was not much low, and the agreement was reached with the victims, etc., the punishment imposed by the lower court (one year of imprisonment) is too unreasonable.

C. In light of the fact that Defendant D’s Defendant’s mistake is divided into one another and would not repeat the crime, and that the support of Defendant was obstructed to minor children, etc., the sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

In light of the fact that Defendant A and B provided a passbook, etc. that is indispensable for the crime of Bosing and aiding the crime, and that there is a need for strict punishment of the participants to eradicate the crime of Bosing and aiding and abetting the crime, etc., the Prosecutor (Defendant A and Defendant B) sentenced to the above Defendants (Defendant A: Imprisonment with prison labor for 1 year and 2 months, and 1 year) is too uneastable and unfair.

2. Determination

A. In light of the circumstances leading up to each of the instant crimes, the amount and degree of damage, methods and means of the crime, the circumstances after the crime, the degree of the Defendant’s participation in each of the instant crimes, the Defendant’s age, environment, character and conduct, etc., and the reasons for sentencing as indicated in the records and arguments, the lower court’s sentence against the Defendant is too unreasonable.

2.2.