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(영문) 서울서부지방법원 2017.04.20 2017노214
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal and the judgment of the court below (two years and six months of imprisonment), the defendant asserts that it is too unreasonable for the defendant to go too much so without standing, and the prosecutor asserts that it is too unfied and unfair for the prosecutor.

Since the crime of this case was planned and organized for many unspecified persons, it is necessary to impose severe punishment in that social harm is high. The defendant's entry into the Republic of Korea for the purpose of committing the crime in accordance with the economic profit only, and shares the role of directly performing or supporting the act such as delivery of the money obtained by deceit, intrusion upon residence, theft, etc. from the date of entry to the Republic of Korea, and thus, the degree of participation is not easy, and the damage recovery was not done even though many victims were brued, etc., are disadvantageous to the defendant.

However, in full view of all the sentencing factors indicated in the pleadings, such as the Defendant’s confession and reply to the instant crime, partial damages were recovered, and the Defendant’s age, sexual conduct, home environment, the background and consequence of the instant crime, and the circumstances after the crime, etc., the sentence of the lower court is deemed appropriate, and it cannot be deemed as excessive, excessive, or excessive so doing.

2. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act (Provided, That the total amount of 7 pages 2 of the judgment below is obvious that the total amount of 7 pages 2 of the judgment below is a clerical error in the "total book", and thus, it is corrected ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure

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