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(영문) 서울남부지방법원 2020.04.23 2019노2278
범죄단체가입등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (two years and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of imprisonment (two years and six months of imprisonment) is too unhued and unreasonable.

2. The judgment of the court below is the primary offender, and the defendant agreed with some victims. However, the crime of Bosing fraud requires strict punishment because of social harm, the defendant's transfer of the place in China as a counselor for Bosing telephone in China and the period of participation is not shorter than the short period, the degree of participation is difficult to view that the degree of participation is less light; the balance with other accomplices is to be taken into account; the number cannot be viewed as having been taken into account; there is no special change in circumstances that could change sentencing after the judgment of the court below; there is no discovery of changes in circumstances that could change sentencing after the judgment of the court below; and other factors of sentencing specified in the argument of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, circumstances after the crime, etc., it is not recognized that the sentence imposed by the court below is too heavy or unreasonable. Thus, the defendant and the prosecutor's above assertion are without merit.

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

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