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(영문) 의정부지방법원 2019.10.11 2019노2053
사기방조
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair punishment)’s punishment (one year and six months of imprisonment, and confiscation) by the lower court is too unreasonable.

B. The lower court’s sentence is too unfilled and unfair.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court solely on the ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does not differ

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The fact that the Defendant led to confession and reflects the instant crime is favorable to the Defendant.

However, the crime of Bosing is an unfavorable circumstance to the defendant, even if only aiding and abetting was committed because it has a significant harm to society, such as causing serious damage to many unspecified victims, etc., in a short period, there is a need to strictly punish them. The defendant voluntarily consumed all of the money acquired from the crime of this case, and the victim did not recover from the victims until the party was in trial, and the defendant did not receive any remedy from the victims, and the defendant had a record of having been punished several times of the same kind of crime.

In light of the following circumstances: (a) there is no special change in circumstances to change the sentence of the lower court after the pronouncement of the lower judgment; and (b) the Defendant’s age, character and conduct, the environment, the circumstances leading to the instant crime, and the circumstances after the commission of the crime; and (c) the overall sentencing factors as indicated in the pleadings are considered, it is difficult to see that the lower court’s

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and Article 364 of the Criminal Procedure Act is not reasonable.

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