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(영문) 대구지방법원 2017.09.22 2017노1759

사기등

Text

Of the judgment of the court of first instance, the part against Defendant A and the judgment of the court of second instance shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s 2nd judgment sentenced to Defendant A (one year and two months of imprisonment) is too unhutiled and unfair.

B. Each sentence (No. 1: Imprisonment with prison labor for 1 year and 4 months, confiscation, and 2: Imprisonment for 1 year and 2 months) imposed on Defendant A by the lower court is too unreasonable.

(c)

Defendant

B The sentence (one year of imprisonment, confiscation) imposed on the defendant by the first instance court is too unreasonable.

2. We examine the judgment of the court below ex officio with respect to Defendant A, and the defendant filed an appeal against the judgment of the court of second instance against the defendant, and the prosecutor reviewed the appeal case in the court of first instance as the prosecutor filed an appeal against the defendant against the judgment of the court of second instance. However, as long as each crime of the judgment of the court below is in the concurrent relationship with the former part of Article 37 of the Criminal Act, it is necessary to simultaneously decide and sentence a single punishment. Thus, the judgment of the court below cannot be maintained any more in this respect.

3. As to the defendant B’s assertion, the fact that the defendant misjudgments the defendant, and that the defendant has no record of punishment other than the fine for this type of crime is favorable to the defendant.

However, even though there are serious personal and social harm caused by Bophishing, it is difficult to cope with it as a member of the general public, and there is no effective punishment due to the nature of the crime committed by the occupation organization. Therefore, it is necessary to strictly cope with the participation of subordinate officers, such as withdrawal and delivery books, so that a secret crime using the occupation organization is no longer possible.

The Defendant proposed to jointly Defendant A to commit the instant Bosing crime, and did not recover the damage to the instant Bosing crime.

In addition, the period of participation and the reasons for participation in the criminal conduct of Bosing, the specific amount of fraud resulting therefrom, the age of the criminal defendant, sexual conduct, environment, family relationship.

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