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(영문) 부산지방법원 2017.11.17 2017노2814
위증등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the reasons for appeal (unfair sentencing) by the court below is too unreasonable as the punishment (a year of imprisonment, confiscation, and fine of 4 million won) by the court below is too unreasonable.

2. The facts that the Defendants recognized the crime and are against the judgment, the Defendants’ perjury did not affect the conclusion of the judgment, and Defendant B obtained approximately KRW 2 million due to the instant Bosing crime, and the victims paid full amount of damages to the victims and agreed smoothly, and Defendant D did not have a previous offense except for those subject to one-time fine due to drinking driving.

However, the lower court appears to have determined the punishment in consideration of such favorable circumstances, and there is no change of circumstances that may be considered in the sentencing newly after the sentence of the lower judgment, and Bosphishing crimes have been committed in a very organized manner, and the social and economic harm is serious, and in the case of Defendant B, the degree of participation in the crime is not less than 60 million won and the amount of fraud is not less than 60 million won, and in full view of all other circumstances, including the Defendants’ age, sex behavior, environment, family relationship, and circumstances after the crime, it is difficult to view that the lower court’s punishment is too unfair.

Therefore, we cannot accept the defendants' above argument of sentencing.

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

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