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(영문) 서울서부지방법원 2018.05.03 2018노253
사기등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence against the Defendants (Defendant A’s imprisonment, February 1, Defendant B’s imprisonment, and confiscation) is too unreasonable.

B. The lower court’s sentence against the Defendants on the prosecutor is too unhued and unreasonable.

2. In determining the sentence against the Defendants, the lower court rendered a sentence by taking into account the following favorable circumstances: (a) the Defendants committed the instant crime by taking into account the fact that the Defendants committed the instant crime in a systematic and professional manner by sharing their roles under a smuggling plan and committed the instant crime, such as phishing fraud, etc.; (b) all the Defendants reflect the instant crime; (c) Defendant A committed the instant crime; (d) Defendant A was first committed; (e) the number of times of the crimes was first committed; and (e) Defendant B was sentenced to a fine once a crime; and (e) the victim I was sentenced to a fine once a crime; and (e) the victim I was almost able to recover damage and agreed with the victim J.

Examining the above sentencing of the lower judgment in light of the record, the lower court’s determination of sentencing against the Defendants exceeded the reasonable bounds of discretion.

There is no change in circumstances that can be seen as being unfair to maintain the sentencing of the court below as it is in the first instance court. Thus, the court below's punishment is too heavy or unreasonable because it is too heavy.

Therefore, we cannot accept all the defendants' and prosecutor's argument of sentencing.

3. In conclusion, the appeal by the Defendants and the public prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the Defendants and the public prosecutor is without merit. It is so decided as per Disposition.

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