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(영문) 서울서부지방법원 2017.10.26 2017노1108
사기방조
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is unreasonable as it is too unfasible that the lower court sentenced the Defendants to the punishment (two years of suspended sentence in October).

2. The instant Bosing crime is an offense in which many and unspecified people in a systematic and professional manner take part in the role of a group of people, and is highly harmful to the victims and society, and the Defendants are obliged to use the Defendants’ account and withdraw the money obtained by deceit deposited in their own account and directly deliver it to the lighting staff, etc., which are disadvantageous to the Defendants.

However, the defendants led to the confession of the crime of this case and reflect in depth, the defendants appear to have been unaware of the specific substance of the above Bosing crime as an aiding and abetting offender, the defendant Gap voluntarily reported the above crime to the 112 and led to the arrest of the Bosing staff in part, the defendants did not have the criminal proceeds directly acquired, and all the sentencing conditions indicated in the arguments and records, including the defendants' age, sexual conduct, environment, motive for the crime of this case, circumstances after the crime, etc., are taken into account, and the court below's punishment against the defendants is deemed to be unfair as it is too uneasible and unfair. Thus, the prosecutor's improper assertion of sentencing is without merit.

3. In conclusion, since the prosecutor's appeal against the defendants is without merit, all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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