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(영문) 서울서부지방법원 2016.02.05 2015노1876
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because each of the punishments (Defendant A: 2 years of imprisonment; Defendant B’s imprisonment with prison labor for a maximum of one year and six months; 10 months of short of one) declared by the court below to the Defendants is too uneasible.

2. The Defendants’ participation in the crime of Bosing “Singing” with very great harm to society and the poor quality of the crime was committed, the victims did not reach an agreement, and Defendant A committed an attempted crime of attack, and reported the content of the crime to the police by rape of a minor.

In light of the circumstances unfavorable to the Defendants, including intimidation and withdrawal of money and valuables, and the fact that there is a record of having received juvenile protective disposition several times, etc., the Defendants confessioned all of the crimes of this case at the appellate court and are against the wrongness; Defendant A’s attempted crimes are committed; Defendant B committed attempted crimes; Defendant B committed an attempted crimes; and other favorable circumstances such as the Defendants’ age, sexual conduct, environment, circumstances of the instant crimes, and the following circumstances, etc., the lower court’s each sentence against the Defendants is too uneasible and unreasonable.

3. In conclusion, the Prosecutor’s appeal against the Defendants is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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