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(영문) 서울서부지방법원 2017.08.17 2017노648
사기방조
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered against the defendant (one year of imprisonment) is too unhued and unfair.

2. The instant Bosing crime, in which the Defendant participated, is a crime that misleads multiple people in an organized and professionally unspecified number of unspecified people by taking part in the role of a group of people, and is highly harmful to the victims and society, and is in charge of directly collecting the money by deceiving an accomplice who misrepresented his employee of the Financial Supervisory Service, and the degree of his participation is not easy, and the victim’s damage is not completely recovered.

However, in full view of the various sentencing factors indicated in the argument of this case, such as the defendant's age, sex, environment, the process and consequence of the crime of this case, the circumstance after the crime, etc., the sentence of the court below is deemed appropriate, and it cannot be deemed that it is too unjustifiable and unreasonable. Thus, the prosecutor's argument of the unfair sentencing is without merit, since the defendant's argument of sentencing is too unjustifiable.

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

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