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(영문) 서울서부지방법원 2019.03.28 2019노9
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

No. 1 to 52 of the seized evidence.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., one year of imprisonment) is too uneased and unreasonable.

2. The following should be considered in light of the circumstances favorable to the Defendant: (a) the Defendant’s age is well-grounded; (b) there is no previous criminal history; and (c) all of the instant crimes are recognized and reflected.

However, as in the instant case, the crime of Bophishing, like the instant case, is a crime in which many people act to attract victims to an unspecified number of victims in a systematic and professional manner, and there is a very high risk of punishment and criticism. The Defendant’s participation in the act of taking cash withdrawal, which is an essential role in the Bophishing crime, constitutes an act of bringing cash from the victims, which is an essential role in the crime of Bophishing, and the nature of the crime and the circumstances of the crime, are not easy. In light of the frequency of the instant crime, the number of victims, and the amount of damage, the responsibility for the crime is very heavy. Nevertheless, there is no discovery of the circumstances that the Defendant made every effort to recover damage until the trial, and other circumstances on the sentencing as shown in the instant records and arguments, including the following circumstances, including the Defendant’s character and conduct, family relationship, the circumstances leading to the crime, and the result after the crime, are considered to be too unfair in light of the sentencing and the sentencing guidelines for the enactment of the Sentencing Committee.

Therefore, the prosecutor's argument of unfair sentencing is justified.

3. As such, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court, and summary of evidence. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act concerning the facts constituting the crime;

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