beta
(영문) 울산지방법원 2020.10.23 2020노549

사기방조

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (four months of imprisonment and one year of suspended execution) of the lower court is deemed to be too unhutiled and unfair.

2. The judgment of the reasons for appeal is that the crime is committed on a systematic and systematic basis against many unspecified victims, and it is highly likely that social harm that causes a large number of damage, which is disadvantageous to the defendant.

On the other hand, the fact that the defendant does not repeat again while he reflects his mistake, that the defendant does not actively and definitely participate in the crime of Bosing a principal offender, that the amount of damage was fully returned to the victim, and that the defendant does not have any criminal power exceeding the fine is favorable to the defendant.

In addition, in full view of the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and all of the sentencing factors indicated in the instant records and pleadings, such as the circumstances after the crime was committed, the lower court’s sentence is too unjustifiable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.