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(영문) 수원지방법원 2015.12.29 2015노5905
사기
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. The sentence imposed by the court below on the Defendants (Defendant A: imprisonment of 1 year and 2 months, confiscation, Defendant B: imprisonment of 1 year and 1 year, confiscation) is too unreasonable.

B. The sentence imposed by the Prosecutor by the lower court to the Defendants is too uneasible and unreasonable.

Judgment

The fact that the Defendants both recognize and reflect the crimes, agreed with the victims by Defendant A, the fact that the Defendants did not have much criminal proceeds, and the fact that the Defendants did not have any criminal record in Korea, are favorable to the sentencing.

On the other hand, the Defendants acted as the withdrawal of the Bosing Organization, and the crime of Bosing is likely to be a planned and organized crime against many and unspecified persons, and the withdrawal measures like the Defendants play an essential role in the completion of the crime, so it is necessary to strictly punish the Defendants.

In full view of various sentencing conditions, including the aforementioned various circumstances, including the Defendants’ age, environment, background, means and consequence of the crime, and the circumstances after the crime, it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable.

Therefore, the appeal by the Defendants and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act since it is without merit.

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