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(영문) 의정부지방법원 2019.01.22 2018노3040
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (one year and two months of imprisonment) against the Defendant is too unreasonable.

B. The lower court’s above sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The judgment shows the attitude of the defendant to recognize and reflect the crime when it comes to the trial. The fact that the actual profits of the defendant were not high due to the crime of this case is favorable to the defendant. The crime of Bosing like this case is highly likely to cause harm and since the nature of the crime makes it very difficult to arrest the whole organization, there is a need to strictly punish the person who performs the duty of withdrawal as the defendant in order to eradicate the crime. The fact that the defendant appears to have participated in the crime immediately after entering Korea, and that the defendant did not repay the damage is disadvantageous to the defendant.

In full view of the above circumstances and all other sentencing conditions as shown in the argument of this case, since the lower court’s punishment is too heavy or too unreasonable, each of the Defendant and the prosecutor’s arguments cannot be accepted.

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

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