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(영문) 서울서부지방법원 2019.07.18 2019노473
사기등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (two years of imprisonment, confiscation) is too unreasonable.

B. The punishment sentenced by the lower court (one year and eight months of imprisonment, confiscation) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court considered the following: (a) the Defendants were sentenced to punishment against the Defendants; (b) the Defendants recognized all of the crimes in favorable circumstances; (c) Defendant B took into account the relatively low degree of participation; and (b) the so-called “Singing” crime under an unfavorable circumstance is a crime that induces many unspecified victims in a systematic and planned manner; and (c) the crime is highly poor in quality of the crime; and (d) the harm that may cause the victims and the society is very serious; and (d) the frequency or

As above, the lower court determined the Defendants’ punishment by comprehensively taking account of the circumstances favorable to the Defendants and the unfavorable circumstances, and comprehensively taking account of the following circumstances, such as the Defendants’ family relation, age, and the motive, means and consequence of the Defendants’ external crimes, and the circumstances after the commission of the crime, it cannot be deemed that the lower court’s punishment against the Defendants is too unreasonable as it goes beyond the reasonable scope of its discretion.

In addition, there is no special change in circumstances that can change the sentence of the court below in the trial.

Therefore, the Defendants’ assertion of unreasonable sentencing is without merit.

3. 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.

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