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(영문) 의정부지방법원 2020.02.07 2019노3080

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (limited to imprisonment for a maximum of one year and eight months, a short of one year and four months, and confiscation) is too unreasonable.

2. The defendant has the following favorable circumstances:

The defendant recognized the crime of this case and is against the law.

The Defendant is an initial offender who had not been subject to any criminal punishment prior to the instant crime.

The defendant is a minor of 18 years of age.

The parents and branch of the defendant want to be the wife.

However, there are the following disadvantageous circumstances for the defendant.

The Bosing crime is an organized crime that leads to an unspecified number of victims, and has a significant impact on society.

The liability of the Defendant is an important role that is indispensable for the completion of the Bosing crime, and the Defendant actively participated in the crime for economic interest with well-known knowledge that he/she participated in the crime of Bosing.

The Defendant did not recover damage even though five victims suffered considerable damage from the crime of this case to about 95 million won in total.

In light of the fact that there is no change in the conditions of sentencing compared with the original judgment, the sentence imposed by the lower court is too unreasonable because it is too unreasonable to consider the circumstances favorable to the Defendant, and there is no change in the conditions of sentencing since the new sentencing materials have not been submitted in the first instance court.

Therefore, the defendant's above assertion is without merit.

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