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(영문) 수원지방법원 2019.09.19 2019노4008

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 of the accomplices who participated in the crime of this case because of high social harm. The crime of this case is a reason for sentencing unfavorable to the defendant, such as the following: (a) the defendant's phone number which was suffering from the phone from a foreign country was changed to facilitate the crime of Bosing; (b) the degree of participation of the defendant was large; and (c) the nature of the crime was very poor; (d) the amount of damage suffered by the victim due to the crime of this case reaches KRW 11.5 million and the damage was not completely recovered; and (e) the defendant appears to have entered the Republic of Korea for

On the other hand, there is a reason for sentencing favorable to the defendant, such as the fact that the defendant committed a crime in violation of the Telecommunications Business Act is about seven days, that there is no benefit that the defendant acquired from the crime in this case, and that the defendant led to confession and reflects the crime.

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 without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.