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(영문) 인천지방법원 2019.08.30 2019노1980
건조물침입등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and six months and confiscation) imposed by the court below is too unreasonable.

2. The Defendant was in the trial for the first time, and all of the instant crimes were recognized, and there was no record of criminal punishment in the Republic of Korea, and the part of the crime of fraud was committed in attempted crimes.

However, since the crime of this case is a crime of so-called "wishing," which is committed systematically and systematically against many unspecified persons, and is highly harmful to society, and the method of committing the crime is established in a variety of participants' participation, it is necessary to strictly punish middle participants in charge of the role of delivering cash, such as the defendant, in order to eradicate such crime.

In addition, considering the various sentencing conditions as shown in the instant pleadings, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, even if considering the circumstances alleged as the grounds for appeal, the sentence of the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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