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(영문) 서울서부지방법원 2016.06.02 2016노375
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination factors are the sentencing factors favorable to the defendant, such as the confession and reflect of each of the crimes in this case, the fact that the defendant has no record of criminal punishment in Korea, and that the 20 million won seized out of the amount of damage is returned to the victim C.

On the other hand, the crime of Bosing, like the instant case, is an element of sentencing that is disadvantageous to the Defendant, such as the following: (a) the victims have been committed in a planned and organized manner against many and unspecified persons, thereby causing serious damage to the victims; (b) the social harm of the victims is also in need of strict punishment; (c) the degree of the Defendant’s participation in the criminal act of licensing is not easy; (d) the recovery of the damage of the instant case was not complete; and (e) the victims have not agreed with the victims.

In full view of the above circumstances and the Defendant’s age, sex, environment, and the circumstances and consequences of each of the instant crimes, and the various sentencing factors indicated in the instant arguments, such as the circumstances after the commission of the crime, the lower court’s punishment is too heavy or too low, and thus, it is not deemed unfair. Accordingly, the Defendant and the Prosecutor’s assertion are without merit.

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 appeal filed by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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