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(영문) 대전지방법원 2020.09.24 2020노2288

사기방조

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing (one year and six months of imprisonment) is excessively unreasonable.

B. The lower court’s sentencing of the prosecutor (e.g., indubly unfair) is unreasonable as it is too unhued.

2. The Defendant: (a) aided and abetting a person who has failed to obtain the name; (b) aided and abetting another person to commit a crime of licensing; (c) the Defendant took part in a highly harmful crime of social harm; (d) intending to provide his account number and withdraw and deliver the amount of damage deposited in the relevant account; and (e) prior to the instant case, taking into account the fact that the Defendant took part in a crime of aiding and abetting the commission of fraud and completed the execution thereof; and (e) even before the instant case, he/she was sentenced to punishment for committing a crime of aiding and abetting the commission of a repeated offense, and thus,

However, the court below's punishment against the defendant is too unreasonable in full view of the defendant's age, career, character and behavior, environment, motive and circumstance of the crime, etc., and the equality between the sentencing factors of all similar sentencing factors as shown in the argument of this case, such as the defendant's age, career, character and behavior, environment, motive and circumstance of the crime, etc., and circumstances after the crime.

Furthermore, the prosecutor’s assertion that the Defendant’s punishment against the Defendant is too weak, considering the aforementioned factors, such as the Defendant’s participation in Bosing crimes, and the Defendant committed the same crime again even during the period of repeated crime for the same kind of crime, etc., that is disadvantageous to the sentencing alleged by the prosecutor in the trial, is already taken into account at the original trial, and considering the aforementioned factors, it is difficult to accept.