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(영문) 인천지방법원 2020.01.31 2019노3566
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has the unique area of the first instance court as to the determination of sentencing. As such, in a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion,

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The crime of Bosing fraud committed by a criminal defendant consists of unspecified or multiple victims without any discrimination, and its social harm is very serious, and the upper line of the Bosing Organization requires strict punishment for an accomplice who has participated in the crime in most foreign countries, and the criminal defendant plays a role in keeping the physical cards under the instructions of Bosing employees, taking into account the fact that the criminal liability is not negligible, and taking into account the circumstances unfavorable to the criminal defendant, such as the fact that the criminal liability is against him/her, and that the criminal defendant has no record of punishment for the same crime, taking into account other factors favorable to the criminal defendant, and taking into account the age, character, environment, motive and circumstance leading to the criminal act, and circumstances after the criminal act, etc., the sentencing of the court below cannot be deemed to have exceeded the reasonable scope of discretion.

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

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