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(영문) 대전지방법원 2020.10.28 2020노2545
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is a planned and organized crime that serves as the defendant who served as the part of the organization of the Bosing criminal act and performs the duty of cash collection measures. The crime of this case is not less than the nature of the crime against many unspecified victims, but not less than the nature of the crime, such as 2.4 million won and more severe damage amount, and the necessity of strict punishment for the crime of Bosing is considered. In light of the need for the crime of Bosing, the sentence of the court below (two years and six months of imprisonment) is unfair.

2. We examine the judgment on the grounds of appeal, and the above circumstances alleged by the prosecutor are deemed to have been sufficiently considered in the court below’s determination of the punishment at the court below. Moreover, considering the various sentencing factors revealed in the proceedings of the instant case, such as the fact of the instant case was committed by the Defendant, and the Defendant’s mistake was seriously reflected in the course of committing the instant crime, and the circumstances that may be considered in the course of participating in the instant crime were observed, it does not seem that the sentencing of the court below exceeded the reasonable scope of discretion, because it is too un

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

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