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(영문) 서울서부지방법원 2017.03.30 2016노1739
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unfilled and unreasonable.

2. Since strict measures are required against the crime of telephone financing fraud, it is necessary to punish the person involved in the crime even though the role or gain acquired from the person involved is not significant.

In this case, considering the defendant's criminal records, equity in both punishments against other accomplices (G and I), and all other conditions of sentencing specified in records and arguments, including the degree of the defendant's participation in the judgment of the court below, the amount of damage amount, etc., as well as the circumstances favorable to and unfavorable to the defendant stated in the column of "reasons of the judgment of the court below", the court below's sentencing is too unfair because it has been conducted within the reasonable scope of discretion, and it is not unfair.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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