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(영문) 서울서부지방법원 2019.10.31 2019노1078

사기등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years of suspended execution in one year and six months of imprisonment, and confiscation) is too unreasonable.

B. The sentence sentenced by the prosecutor (two years of suspended execution in one year and six months of imprisonment, and confiscation) is too unhued and unfair.

2. The crime of Bophishing is organized to inflict serious damage on many victims and to make it difficult to recover damage, and thus requires severe punishment. The Defendant, according to the instructions of the person without name, collected a physical card and delivered the amount of damage, thereby playing an essential core role in the crime of this case, and the amount of damage (45,80,000) is not many, and there are many cases of the means of access in custody (the amount of damage 17,000,000) are disadvantageous to the Defendant.

However, the defendant recognized each of the crimes of this case and reflected, and agreed with both the victims of the fraud, the victims expressed their intention not to punish the defendant, and the social ties are relatively publicly announced and the fact that they are the first offender is favorable to the defendant.

In full view of the above normal relationship and the Defendant’s age, character and conduct, environment, motive and circumstances leading to the instant crime, and circumstances before and after the instant crime, etc., the judgment of the lower court’s sentencing cannot be deemed to have exceeded the reasonable bounds of discretion.

In addition, it is reasonable to respect the sentencing of the first instance court in cases where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no change in circumstances that it is unreasonable to maintain the sentencing of the lower court in the

Therefore, the defendant and prosecutor's argument of unreasonable sentencing is without merit.

3. Article 364 of the Criminal Procedure Act provides that the appeal filed by the defendant and the prosecutor is groundless.