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(영문) 수원지방법원 2015.12.11 2015노5840
사기등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one hundred months of imprisonment and confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The crime of this case, in collusion with the so-called Bosing staff, by which the defendant acquired money from the victim, is very serious harm to our society, and the defendant takes charge of delivering the money from other trillion staff members to the withdrawal book. It is not easy that the role of the defendant is not easy, but it seems that the defendant clearly recognized the illegality of the crime of this case in light of the role of the defendant, it is necessary to punish the defendant corresponding thereto.

However, in full view of the various circumstances, such as the fact that the Defendant recognized the instant crime, the primary offender, the fact that the Defendant agreed with the victim, and other circumstances, which form the conditions for the sentencing of the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, etc., it is not recognized that the lower court’s punishment against the Defendant is too heavy or unreasonable.

Therefore, the defendant, his defense counsel, and the prosecutor's argument of unfair sentencing is without merit.

3. As such, the appeal 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.

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