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(영문) 수원지방법원 2019.05.02 2019노1132
사기방조
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 (one year and two months of imprisonment) is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. The crime of Bophishing is a reason for sentencing that is disadvantageous to the defendant, and the above victims do not want the punishment of the defendant (total amount of damage: KRW 6,63,00) by mutual consent with 13 victims and 13 victims. The defendant has no history of having been punished for having entered the Republic of Korea in around 2008 and has no history of having been punished for having resided in Korea. The defendant is divided into the crime and has not been 20 million won and has not been recovered.

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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