logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.12.17 2015노1539
사기미수
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The defendant asserts that with respect to the punishment (one year and six months of imprisonment, three years of suspended execution and confiscation) declared by the court below, the defendant is too unreasonable and unfair, and the prosecutor argues that it is too uneasible and unfair.

2. We also examine the grounds for appeal on unfair sentencing by the defendant and prosecutor.

The instant crime, like the instant case, is committed on a systematic and systematic basis against many unspecified persons, causing serious damage to a large number of victims, and thus it is difficult to recover damage. As such, it is necessary to strictly punish the instant crime. The instant crime is an unfavorable circumstance to the Defendant, such as: (a) the Defendant had the Bosing Organization force the victims to withdraw money by deceiving the victims; and (b) the Defendant attempted to receive money directly in custody of the victims; and (c) the Defendant did not agree with the victims.

On the other hand, the fact that the defendant has recognized all of the crimes, and it seems that he did not play a leading role in the crime, all of the crimes are attempted, and the profit gained by the crime is not significant, and the participation period in the crime is relatively short, and the defendant has no record of criminal punishment in Korea and has been detained for three months, etc. are favorable to the defendant.

In addition, considering the Defendant’s age, career, character and conduct, environment, health status, family relationship, social relation, motive and circumstance of the crime, and circumstances after the crime, the sentence of the lower court cannot be deemed excessively heavy or unreasonable, to the extent that it is deemed that the sentence exceeded reasonable bounds in the decision of sentencing, given that the sentence of the lower court is deemed to have exceeded the reasonable bounds in the decision of sentencing.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow