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(영문) 대구지방법원 2019.05.03 2019노857
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

Reasons

1. As to the summary of the reasons for appeal (two-year imprisonment) by the lower court, the Defendant asserts that it is too unreasonable for the Defendant to go too unreasonable, and the prosecutor asserts that it is too uneasible and unreasonable.

2. We examine both judgment and the defendant's arguments.

In order to eradicate it, it is necessary to strictly punish a person who has participated in only part of the crime as the defendant, in order to eradicate it, because it is highly likely that social harm has been caused to many and unspecified persons, and the method is becoming more and more organized.

Each of the crimes of this case is that the Defendant played the role of collecting cash, withdrawing measures, etc. of the crime of Bosing. It is not easy to realize the proceeds of the crime and trace them, and it is not easy to say that the crime of this case is less complicated, and the crime of this case is committed by interview and interview with the law of the number of crimes, such as generating money by intrusion upon another person’s residence.

The above circumstances are unfavorable to the defendant.

However, in the meantime, since the arrest of the defendant, the confession of all the crimes after the arrest of the defendant and cooperation in the investigation, the defendant seems to have been given an opportunity to reflect on the situation where the defendant was detained for a considerable period of time, the victim C was paid damages and the victim N did not agree with the victim N, but the victim N could be recovered from damage due to the seizure or suspension of payment, the defendant is still young as 19 years old, and there is no past record of criminal punishment or investigation before the crime of this case, and other factors of sentencing as shown in the records and arguments of this case, such as the defendants' age, character and behavior, environment, motive, means and consequence of the crime of this case, etc., are considered unreasonable.

3. Thus, the defendant's appeal is reasonable, and Article 364 of the Criminal Procedure Act is reasonable.

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