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(영문) 광주지방법원 2020.04.08 2020노358
공갈등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. As to the summary of the grounds for appeal, the Defendant asserted that the Defendant is too uncomfortable and unfair against the lower court’s punishment (two months of imprisonment and confiscation), while the prosecutor appealeded that it is too uncomfortable and unreasonable.

2. The judgment of the Defendant shows the form of recognizing and reflecting the crime, and is the first offense without any criminal record.

The defendant shall recover part of the damage to the victim C and B, and the above victims shall not be punished by the defendant.

On the other hand, the Defendant took part in the crime as the so-called physical camping or the withdrawal of licensing, and the crime of physical camping, the scam, the scaming, and the scam is a crime of deceiving an unspecified number of victims in a systematic and planned manner by sharing their roles, and the nature of the crime is not good. Since the harm and injury inflicted on the victims and the society is serious, a strict punishment is needed even if it is a simple withdrawal measure like the Defendant

In addition, the amount of damage that the defendant participated in as a withdrawal book is more than 56 million won, and not only is it reasonable to recover the damage of U.S.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime, and the sentencing conditions indicated in the instant case, such as the circumstances after the crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to view that it is too heavy or somewhat

Therefore, the defendant and the prosecutor's argument are not accepted.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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