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(영문) 부산지방법원 2017.01.26 2016노4171
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (three years of suspended execution and observation of protection in two years of imprisonment) is too unhued and unreasonable.

2. The so-called “singishing” crime, such as the instant crime, is highly harmful to society, the crime is committed systematically and systematically, and even a subordinate member who participated only in the crime because it is difficult to arrest the entire organization, requires strict punishment. The Defendant’s liability to withdraw cash is an essential and conclusive role for the completion of the singishing crime, which is disadvantageous to the Defendant.

However, given that the Defendant did not have the same criminal record, the Defendant’s profits acquired by the instant crime appears to be merely KRW 600,000,000, and that the Defendant’s East K paid the full amount of damages (one thousand won) to the Defendant and agreed with the victim smoothly, and other factors of sentencing, such as the Defendant’s age, sex, environment, background leading to the commission of the crime, means and method of the crime, and circumstances after the crime, the sentence imposed by the lower court is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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