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(영문) 서울중앙지방법원 2020.04.10 2020노114
범죄단체가입등
Text

The judgment below

Defendant B, C, D, E, F, H, J, and M respectively.

Defendant

B B Imprisonment with prison labor of one year and eight months;

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) misunderstanding of facts by Defendant JA) Inasmuch as Defendant J was involved in the instant crime under the pretext of the fact that the instant crime was committed through Bosing, there was no intention to commit the crime of fraud.

B. Defendant J abused the right to institute a public prosecution has committed one criminal intent from May 15, 2017 to December 11, 2017. The prosecutor voluntarily committed one criminal intent from May 15, 2017 to May 15, 2017.

6. From July 25, 2017 to December 11, 2017, the prosecution was made by dividing the crimes into nine (9) and the crimes, and the prosecution was abused.

C) The lower court agreed with the victim BV, BW, BX, BY, BY, BN, Q, and BD, and further agreed with the victim BZ, CA, and CB in the trial, and actively cooperate with the investigation agency in the investigation of this case. The lower court did not reflect the above circumstances in the sentencing, and thus, the sentence imposed by the lower court, excluding Defendant J, is too unreasonable. 2) The sentence imposed by the lower court against the remaining Defendants except Defendant J, is too unreasonable.

B. The sentence imposed by the court below on the Defendants is too uneased and unfair.

2. Determination

A. Ex officio determination of Defendant C, D, E, F, and H on the grounds for appeal against Defendant C, D, E, F, and H is examined ex officio prior to the determination on the grounds for appeal against Defendant C, D, E, F, and H.

On February 7, 2020, the above Defendants were sentenced to two years and eight months of imprisonment in the Seoul Central District Court; Defendant C was sentenced to one year and ten months of imprisonment in the case of Defendant E; Defendant F was sentenced to one year and six months of imprisonment; Defendant D and F were sentenced to one year and eight months of imprisonment; Defendant D and F were sentenced to one year and eight months of imprisonment; Defendant C and F were subject to two years and eight months of imprisonment; Defendant C and F were subject to two years and eight months of imprisonment; Defendant C were subject to two years and half; Defendant C, March 2, 2020 for Defendant C; Defendant H on March 10, 2020 for Defendant H; and each of the above judgments was finalized on March 12, 2020 for Defendant E and March 12, 2020 for Defendant E. Each of the above offenses against the above Defendants becomes final and conclusive.

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