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(영문) 대구지방법원 2020.02.06 2019노4702
주거침입등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. We also examine the judgment and prosecutor’s allegation of unreasonable sentencing.

The so-called "scaming" crime, such as this case, is a crime that induces many unspecified victims in a systematic and planned manner by sharing roles among many people, and the nature of such crime is very poor and the harm inflicted on the victims and society is very serious, so it is necessary to punish the victims with severe punishment corresponding thereto.

The role of the defendant is to collect cash essential for realizing the profit of crime, which is not easy to reflect the degree of crime.

Defendant has been punished for the same kind of crime.

Therefore, the sentence of sentence against the defendant is inevitable.

However, the defendant denied the crime in the investigative agency and the court below, but all of the crimes of this case are recognized.

The crime of this case was committed in the attempted crime and did not cause actual damage to the victim, and the defendant did not have any criminal record exceeding the fine.

In addition, comprehensively taking account of the defendant's age, character and conduct, environment, health condition, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the punishment imposed by the court below is too heavy or unreasonable.

3. The appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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