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(영문) 대구지방법원 2020.02.14 2019노4247
사기등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. As to the summary of the grounds for appeal (three years of imprisonment), the prosecutor asserts that the punishment is too uneasible and unreasonable, and the defendant asserts that the punishment is too unreasonable.

2. We also examine the judgment prosecutor and the defendant's arguments.

Although the Defendant led to the confession of the instant crime while committing the crime, and attempted to escape abroad for a long time after committing the instant crime, the fact that he/she appears to have returned to the Republic of Korea by himself/herself with knowledge of the fact of multiple times, there is a family member to support, and the fact that he/she repaid part of the money to one of the victims and agreed to do so is favorable to the Defendant.

On the other hand, in order to eradicate the crime of this case, the crime of this case is committed systematically and systematically against many and unspecified persons, and there is a great social harm caused by it, and there is a tendency that only a part of the part in the process of the crime should be punished strictly in order to eradicate it. The defendant takes over several times of the so-called passbook to be used for the crime to provide the scaming, and is also involved in the process of collecting the money by fraud, etc. It is not easy that the responsibility for the crime of this case is not easy, even though there was a history of punishment for a similar crime, it is more likely that the defendant has committed the crime of this case again during the period of repeated crime even though it was punished for a similar crime.

In addition, considering the age, character and conduct, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions indicated in the instant records and pleadings, such as the circumstances after the instant crime, the sentence imposed by the court below is not deemed to be somewhat or unreasonable. As such, the prosecutor and the Defendant’s assertion are without merit.

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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