(영문) 서울서부지방법원 2018.06.14 2018노452

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 서울서부지방법원 2018.06.14 2018노452

사기미수

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the gist of the reasons for appeal, the defendant asserts that the defendant is too unafford and unfair as to the punishment of the court below (one year of imprisonment), and the prosecutor asserts that it is too unafford and unfair.

2. The lower court determined that: (a) the Defendant led to the instant crime; (b) there was no criminal record exceeding the fine imposed on the Defendant; (c) there was no substantial damage to the victim due to the instant crime; and (d) the fact that there was no profit acquired by the Defendant was considered in favor of the Defendant; (b) on the other hand, the so-called Bosing crime, such as the instant case, is an offense in which many and unspecified victims were enticed in a systematic and professional manner by sharing the roles of multiple persons; (c) there is a significant need to punish the victims and society; (d) the Defendant directly talked with the employees of Bosing in China; (c) the Defendant, while presenting the forged document, was in charge of directly receiving the money obtained from the victims by misrepresenting the employees of the Financial Supervisory Service; and (d) the degree of participation is not easy; and (e) the Defendant’s age, sexual behavior, environment, the process and consequence of the instant crime; and (e) the circumstances after the instant crime.

In light of the evidence of this case, even if the sentencing of the court below was examined and considering the fact that the defendant has no same power, the sentencing of the court below exceeded the reasonable limit of its discretion.

There is no change in circumstances that it is unfair to maintain it in the trial and that it is unfair to maintain it as it is.

Since the lower court’s punishment is too heavy or it cannot be deemed unfair as it is frighten, the Defendant and the prosecutor’s assertion cannot be accepted in entirety.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals filed by the Defendant and the prosecutor are without merit. It is so decided

유사 판례

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