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(영문) 대전지방법원 2021.03.24 2021노313

사기방조

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the nature of the crime is less light in light of the role and degree of involvement of the Defendant in the organization of the instant Bosing criminal act. Considering the need for strict punishment for the instant Bosing criminal act, the lower court’s punishment (one year and two months) is too uneased and unfair.

2. We examine the judgment, and consider the circumstances alleged by the prosecutor in the grounds for appeal at the court below as having already been sentenced to punishment at the court below, and the defendant has no record of punishment except for minor fines, and the defendant has committed each of the crimes in this case, and the economic benefits accrued from the crime in this case seems to be relatively minor, as well as other factors such as the defendant's age, sexual conduct, environment, background, means and consequence of the crime, and the circumstances after the crime, etc., the sentencing judgment of the court below is too unfeasible and it exceeded the reasonable scope of discretion.

shall not be appointed by a person.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.