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(영문) 서울중앙지방법원 2017.01.26 2016노4731

사기등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment, confiscation, and exchange) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. We examine both the defendant and prosecutor’s grounds for appeal.

This case is an organized, planned, or intelligent so-called " Bosing" crime, and the nature of the crime is not good, the number of times the defendant involved in the crime is large, and the damage therefrom is not small, and the defendant has played an essential role in the crime of this case several times with the delivery of passbook and the withdrawal of passbook, and the fact that the damage caused by the crime of this case has not been recovered is recognized as an unfavorable circumstance to the defendant.

On the other hand, comprehensively taking account of the following: (a) the fact that the defendant recognized a mistake and reflects the defendant; (b) there is no history of criminal punishment for the same kind of crime; (c) there is no change in circumstances or circumstances that may be newly considered in the sentencing since the judgment of the court below was rendered; and (d) the defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; and (c) all of the sentencing conditions as indicated in the records and theories on changes, such as the circumstances after the crime, etc., the sentencing of the court below cannot be deemed to be too somewhat somewhat

3. According to the conclusion, each appeal filed by the defendant and the prosecutor is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.