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(영문) 서울서부지방법원 2015.07.16 2015노657
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (a year of imprisonment, 1 to 29, 32) is too heavy.

2. The sentencing factors favorable to the defendant are the fact that the defendant recognized all of his own crimes and reflects them, and that there is no punishment heavier than the fine.

However, the crime of Bophishing, in which the defendant participated, is the main target of the crime, which is organized, planned, intelligent, and economically weak socially weak groups, and it is not easy to recover from damage after the nature of the crime that is closely committed by organization. In most cases, it is a sentencing factor that is disadvantageous to the defendant because it makes many victims and members of society, who are charged with the above crime, be influenced with state agencies or financial institutions, and the possibility of social criticism is high because the crime is very poor and high, so it is necessary to eradicate the harm through strict punishment, and that it is the sentencing factor that is disadvantageous to the victim of the crime.

In addition, the sentence of the lower court is too unreasonable in view of the following factors: (a) the background leading up to the Defendant’s participation in the instant crime, degree of participation, and family relationship; and (b) all factors of sentencing prescribed by Article 51 of the Criminal Act.

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

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