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(영문) 서울중앙지방법원 2015.09.04 2015노2579

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable.

2. It is recognized that there is no record of the judgment of the accused against the mistake of the accused, and there is no heavy punishment exceeding the punishment or fine for the same kind of crime, and the crime of this case was committed for one day, and there is no benefit acquired by the accused.

However, the crime of “scaming” in this case is committed against many unspecified victims in an organized and planned manner, and the crime is very poor, and the adverse effect on our society as a whole is serious.

The defendant is in charge of withdrawal in cash, and the degree of his participation is not weak.

There is no change in circumstances in which punishment should be mitigated in the trial.

In addition, comprehensively taking into account the Defendant’s age, character and conduct, motive, means and consequence of the crime, and all the circumstances constituting the sentencing conditions specified in the instant records and pleadings, such as the circumstances after the crime is committed, the lower court’s sentence is unreasonable.

The above argument by the defendant cannot be accepted.

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.