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(영문) 부산지방법원 2016.12.02 2016노2968
사기방조등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty of this part of the facts charged without the intention of aiding and abetting the mistake of facts is erroneous.

B. The sentence of the judgment of the court below on unreasonable sentencing (one year and six months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. The Defendant alleged the same purport as this part of the grounds for appeal in the lower court’s determination of mistake of facts, and the lower court did not accept the said assertion by providing a detailed statement of the judgment on the part of the 7th, 15 to 10th, 6th, in detail.

Examining the above judgment of the court below in a thorough comparison with the records, it is justified and acceptable, and there is no violation of law of mistake of facts.

Therefore, the defendant's assertion of mistake is without merit.

B. The criminal act committed by the Defendant’s aiding and abetting the Defendant’s judgment on the assertion of unfair sentencing may seriously affect the trust relationship of the society as a whole, by causing an organized, planned, intelligent, and unspecified number of unspecified persons to suffer unlimited and severe damage, and by causing serious adverse effects on the trust relationship of the society as a whole; the Defendant committed each of the instant crimes without being aware of during the period of suspension of execution; there is no special circumstance or change of circumstances that may be newly considered in sentencing after the sentence of the lower judgment; and other various sentencing conditions as well as the records and arguments, such as the Defendant’s age, speculative environment, conditions before and after the crime, etc., are considered as being too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

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