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(영문) 서울동부지방법원 2018.03.29 2017노2010

사기방조

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the court below: (a) committed a crime against an unspecified number of victims; and (b) committed a crime with a huge adverse impact on society; and (c) it was not easy to arrest the criminal; and (d) aiding and abetting the criminal to do so by delivering cash to the singing organization;

Even if it is necessary to punish it strictly.

On the other hand, considering the various circumstances, such as the Defendant’s age, sex and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the Defendant’s punishment is too heavy or unbrupted so that it cannot be deemed unfair, and thus, the Defendant and the Prosecutor’s assertion are without merit.

3. According to the conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.