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(영문) 수원지방법원 2020.04.23 2020노784

절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (one year and ten months of imprisonment) by the lower court is too unreasonable.

2. Determination is recognized that the Defendant recognized the instant crime and reflects the mistake, that the Defendant’s health is not good due to depression, etc., and that the Defendant has no record of criminal punishment in the Republic of Korea.

However, the crime of this case was committed by the defendant involved in the collection of cash to the Bosing Criminal Organization, and then stolen approximately KRW 13 million in total in cash left by the victims who were accused of him/her, and for this purpose, the crime was committed very poor in light of the method, content, and scale of damage, etc. of the crime.

Since it is difficult to crack down on the crime of Bophishing since the crime is close and planned, it is highly likely that the scope of damage is limited and the damage is not easy to recover from damage. Therefore, it is necessary to strictly punish a cash collection liability even if it is a cash collection liability.

Even though the amount of damage was a large amount, the damage was not completely recovered from the victims, and the defendant did not receive a letter of suspicion from the victims.

In full view of the equity in sentencing with cases identical or similar to the above unfavorable circumstances, and the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, etc., as well as the circumstances after the crime, the lower court’s sentence is unreasonable.

Therefore, the defendant's assertion is without merit.

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