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(영문) 서울중앙지방법원 2018.04.05 2018노424
사기방조등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the punishment sentenced by the court below (a year and six months of imprisonment, and a collection of 200,000 won), the defendant asserts that it is too unreasonable for the defendant to be too large, and that the prosecutor is too unfied and unfair for the prosecutor.

2. We also examine the grounds for appeal regarding unjust sentencing by the defendant and prosecutor.

The telephone financing fraud crime, such as this case, is organized and organized against many unspecified persons, and is likely to cause serious damage to many victims, and it is difficult to recover damage, so it is necessary to strictly punish a defendant even though he does not lead a crime or take part in a principal offender.

In addition, it is necessary to punish narcotics-related crimes more seriously because they are likely to have a serious adverse impact on society as well as to avoid the body and mind of an individual, and to harm national health or cause other crimes.

Such circumstances are disadvantageous to the defendant.

However, the defendants recognize all crimes, and repent the errors.

There is no history of criminal punishment for the defendant in the Republic of Korea.

Such circumstances are favorable to the defendant.

In addition, comprehensively taking into account the Defendant’s age, sex, environment, family relationship, motive and background of the crime, and circumstances after the crime, the sentence of the lower court is deemed appropriate to have been rendered within the scope of the court’s discretion in sentencing, and is too heavy or unreasonable.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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