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(영문) 수원지방법원 2019.07.11 2019노2585
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 (two years 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.

Since the crime of Bosing is highly harmful to society, it is necessary to strictly punish all the accomplices involved in the crime of Bosing. The defendant has actively participated in the crime of Bosing, which is an essential means of access, as well as a credit card solicitation and cash withdrawal, and the victim who suffered from the crime of this case who participated in the crime of this case has reached 142 persons, and the total amount of damages exceeds 83 million won, and the victims' damages have not been completely recovered, etc. are the grounds for sentencing unfavorable to the defendant.

On the other hand, the fact that the defendant has no record of punishment in Korea, and that the defendant confessions a crime and reflects it is a reason for sentencing 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.

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