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(영문) 수원지방법원 2019.09.05 2019노3560

사기등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower judgment (two years of imprisonment) is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

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

The crime of Bosing requires a strict punishment for all accomplices who participated in the crime because of a very great social hazard. The Defendant, as if he was a phone call suffering from a foreign country, made it easy for the Defendant to commit the instant Bosing crime, thereby facilitating the Defendant’s liability for the crime. Although the Defendant, even though he was administered once, the crime related to narcotics has a serious adverse impact on society by avoiding an individual’s body and mind, as well as causing harm to public health and causing other crimes, it is also necessary to punish the Defendant. The amount of damage suffered by the crime of fraud of this case reaches KRW 50 million, and has not recovered the damage of the victim, and the Defendant has no significant profit from the crime of this case.

On the other hand, there is a reason for sentencing favorable to the defendant, such as the fact that the defendant has led to the appellate trial to commit a crime and is in violation of depth, that the defendant has no record of punishment in Korea, and that the defendant has family members in need

In full view of the aforementioned sentencing factors, the Defendant’s age, career, character and conduct, environment, motive, means, and consequence of the crime, etc., the sentence of the lower judgment cannot be deemed as excessive or unreasonable as it is too heavy.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and thus, Article 364(4) of the Criminal Procedure Act is applicable.