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(영문) 서울중앙지방법원 2019.01.18 2018노3493
사기등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (one year of imprisonment) is too unhued and unreasonable.

B. The lower court’s sentence is too too unreasonable.

2. The so-called “Singing” crime, in which the Defendant was involved, is highly harmful to an unspecified number of people in a systematic and systematic manner to commit the crime against an unspecified number of people, and thus, by massing a large number of victims, it is necessary to strictly punish a person who participated in the crime. It is recognized that the amount of damage is a large amount, and that the means of access transferred by the Defendant was used for the crime of licensing.

However, the defendant recognizes all of the crimes of this case, the defendant is against the law, the defendant has no record of criminal punishment in the past, the defendant's consent to the punishment of the defendant is recognized, and the court below decided the punishment in consideration of the above circumstances. In the case where there is no change in the conditions of sentencing compared with the court of first instance and the sentencing of the court of first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the Defendant’s age, character and conduct, environment, health condition, family relationship, motive, means and consequence of the crime, etc., the lower court’s punishment is too heavy or unreasonable.

3. In conclusion, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the prosecutor and the defendant is without merit.

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