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(영문) 수원지방법원 2020.08.20 2020노1833
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment with prison labor for six months and one year of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. The crime of this case is acknowledged that the Defendant took part in the collection of the singing criminal organization and transferred 6 million won from the victim to the victim according to the direction of an employee of the above criminal investigation group, and the nature of the crime is very poor. The crime of Bosing is a secret and organized act, and it is difficult to regulate the scope of damage and is not easy to recover damage, and the scope of damage is very weak, and thus, it is necessary to punish the crime of this case strictly, and the damage is not completely recovered.

However, the defendant recognized the crime of this case and divided his mistake in depth, and the crime of this case is one fraud crime against one victim, the defendant does not seem to have committed the crime under the conclusive recognition of the substance and appearance of the Bosing crime, and the defendant does not appear to have committed the crime of this case under the agreement with the victim, the defendant does not want the punishment of the defendant, and the defendant is deemed to have committed the crime of this case under the circumstance of family environment, etc. as a minor under the age of the defendant, and again, he does not repeat again. In full view of the balance in sentencing with the same and similar cases, the balance in sentencing with the case of the same or similar type, as well as other various sentencing conditions shown in the records and arguments, such as the defendant's career, character and conduct, environment, motive and circumstance of the crime, means and result, etc., it cannot be deemed that the court below's excessive punishment against the defendant is unfair.

Therefore, the prosecutor's above assertion is without merit.

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

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