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(영문) 대전지방법원 2017.06.14 2017노983
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (a half year and June) of the lower court’s punishment (a half year and June) is too heavy or unreasonable.

2. The following are the circumstances favorable to the Defendant: (a) the Defendant recognized all of the instant crimes; (b) the Defendant deposited KRW 6.7 million for the victim D; (c) the Defendant did not have any history of criminal punishment exceeding the same kind of crime or fine; and (d) the Defendant’s family members and branch members want to take the front of the Defendant.

However, the crime of this case is the so-called "Ssinging" crime, which is of great social disorder, and thus requires strict punishment. The defendant served not only an essential role in the realization of the singishing crime by delivering cash between the injured party's employees, but also an role to facilitate the singishing crime by delivering the access media, such as physical cards, etc., to the staff. The degree of the defendant's participation in the crime is less than that of the defendant's participation in the crime.

It is not possible to see that the defendant has been punished several times due to the crime of this species, and the defendant is disadvantageous to the defendant.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, background, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., there are no special changes in circumstances that make the judgment below and the punishment different from those mentioned in the judgment below, it does not seem that the court below’s punishment is too heavy or unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that each appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition (Provided, That since the judgment of the court below was omitted in the list of offenses, it is corrected ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.).

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