(영문) 인천지방법원 2018.03.30 2017노4440 | 리걸엔진

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Reasons

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자간(%)

(영문) 인천지방법원 2018.03.30 2017노4440

사기등

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All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence sentenced by the first instance court to the Defendants (defendant A: imprisonment with prison labor for three years and six months, Defendant B: imprisonment with prison labor for two years, etc.) is too uneased and unreasonable.

B. The sentence imposed by the first instance court on the Defendants is too unreasonable.

2. The judgment of the defendants recognized all of the crimes of this case and reflected that the defendants acquired profits compared to the amount of damage caused by each of the crimes of this case, and it is recognized that the above victims did not want the punishment of the defendants by agreement with the victims of this court.

However, despite the substantial impact of the crimes on an unspecified number of victims on society, it is not easy to arrest the criminal. Therefore, the defendants involved in the crimes of Bosing should be punished strictly.

The Defendants did not reach the degree of the total domestic responsibility.

However, other withdrawals were introduced to commit the crime for a considerable period of time as a member of the Bosing Organization.

Defendant

A brought Defendant B into the instant crime, and other withdrawn books were leased and provided in the name of the proprietor in the course of the instant crime.

The total amount of damage caused by the Defendants’ crime was a considerable amount, and the withdrawals of the Defendants’ interference were also involved in other crimes.

In addition, even before the crime of this case was committed, Defendant A was punished by a fine for the same kind of crime and a suspended sentence of imprisonment. At the time of the crime of this case, Defendant A was under probation due to the violation of the Electronic Financial Transactions Act.

Defendant

B has been punished several times for violent crimes, and is currently under suspension of execution due to injury.

These circumstances and other recommendations according to the sentencing guidelines of the Supreme Court sentencing committee.

유사 판례

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