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(영문) 수원지방법원 2019.07.25 2019노2964

사기등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower judgment (one year and six months of imprisonment) is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The crime of Bosing requires a strict punishment for all of the accomplices who participated in the crime because of a very high social hazard. The crime of this case is a reason for sentencing unfavorable to the defendant, such as the following: (a) the defendant's phone number which was suffering from the phone from a foreign country was changed to facilitate the crime of Bosing; (b) the degree of participation of the defendant was large; and (c) the nature of the crime is very poor; (d) the amount of damage suffered from the crime of this case reaches KRW 30 million; and (e) the damage of the victim was not recovered; and (e) the defendant appears to have entered the Republic of Korea for the crime

On the other hand, the period in which the defendant committed the crime of this case does not exceed one month, the profits acquired by the defendant from the crime of this case does not exceed 1,90,000 won, and the defendant led to confession and reflects the crime, etc. are favorable to the defendant.

In full view of the aforementioned sentencing factors, the Defendant’s age, career, character and conduct, environment, motive, means, and consequence of the crime, etc., the sentence of the lower judgment cannot be deemed as excessive or unreasonable as it is too heavy.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.