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(영문) 울산지방법원 2020.04.24 2020노5
범죄단체가입등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and eight months of imprisonment, confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. As to the grounds for appeal, the fact that the defendant recognized his mistake and did not repeat again, the period of charge of the defendant's crime is relatively short, the defendant voluntarily withdraws from the criminal organization, the fraud of this case did not cause an attempted crime, and the defendant does not want the punishment of the defendant by agreement with the victim, and the fact that the defendant does not want the punishment of the defendant, and that there is no penalty power exceeding the fine of the defendant is favorable to the defendant.

On the other hand, the crime of Bosing is committed on a systematic and systematic basis against many unspecified victims, and there is a great social harm that causes a large number of damages, and it is necessary to strictly punish them. The Defendant actively participates in the crime, such as performing the role of a counselor who induces people while misrepresenting the prosecution investigator or prosecutor at least 30 times a day on an average of 30 through 50 times, and is disadvantageous to the Defendant.

In addition, comprehensively taking account of the following factors, such as the Defendant’s age, character, conduct and environment, etc., the lower court’s punishment seems to be within a reasonable and appropriate scope, and cannot be deemed excessively heavy or unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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