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(영문) 대구지방법원 2017.02.17 2016노5492
사기
Text

All of the Prosecutor and the Defendants’ appeals are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence sentenced by the court below to the Defendants (one year and six months of imprisonment) is too unhued and unfair.

B. Each sentence sentenced by the court below to the Defendants is too unreasonable.

2. The judgment prosecutor and the defendants' arguments are examined together.

The Defendants’ confession to commit the instant crime is against the victim, and the Defendants agreed to make full reimbursement of damages to the victims, and agreed to the victim’s wife, and the Defendants were the first offender who had no record of criminal punishment; on the other hand, the Defendants’ criminal act of Bosing is highly harmful to the society, and there is considerable need to strictly punish the Defendants since it does not eradicate continuous control due to the international organizing of the crime, and the instant crime was committed in the Republic of Korea as a telephone counselor’s role in the Republic of Korea, and thus, the degree of their involvement is somewhat weak.

Considering the unfavorable circumstances, such as the fact that there are no special circumstances or changes in circumstances that may be newly considered after the sentence of the lower judgment, and the records and all of the sentencing conditions stated in the present case, including the Defendants’ age, sex, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, etc., the sentence imposed by the lower court is deemed appropriate, and thus both the prosecutor and the Defendants’ assertion are without merit.

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

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