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(영문) 서울중앙지방법원 2018.04.19 2017노4884
컴퓨터등사용사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (three years of imprisonment) is too unreasonable.

B. The sentence imposed by the Prosecutor (three years of imprisonment) is too unfluent and unfair.

2. The judgment of the Defendant is an unfavorable circumstance to the Defendant for the following reasons: (a) the Defendant was responsible for withdrawal and delivery of cash for the crime of Bosing (2017 order 4356 of the lower judgment’s criminal facts); (b) the degree of participation is not somewhat weak; (c) the Defendant did not recover from damage caused by the said Bosing crime; (d) the Defendant has been subject to criminal punishment more than ten times for various crimes, such as sexual assault and violence; (e) the Defendant included the records of being fined three times due to the violation of the Electronic Financial Transactions Act; and (e) the number of times the Defendant received treatment using another’s resident registration number from a hospital, etc. reaches 36 times.

On the other hand, the fact that the defendant led to the entire confession of the crime and reflects the depth of the crime, that the period of the defendant's participation in the crime of Bosing is not long, and that the amount of the insurance benefits received illegally is paid to the National Health Insurance Corporation is favorable to the defendant.

In full view of all the sentencing conditions, such as the Defendant’s age, sex, environment, and circumstances after the crime, which are favorable or unfavorable to the Defendant, and the records and changes of the case, the sentence imposed by the lower court is too heavy or too unreasonable.

The argument that the sentencing of each of the defendant and the prosecutor is unfair is without merit.

3. According to the conclusion, the appeal filed by the defendant and the prosecutor is dismissed in entirety pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Article 115(3)5 of the National Health Insurance Act, which is “Article 115(3) of the National Health Insurance Act,” which is “Article 115(3)5 of the relevant Act on criminal facts,” and “Resident Registration Act,” which is “Article 115(2)5 of the former National Health Insurance Act.”

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