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(영문) 수원지방법원 2016.06.01 2016노695
사기방조등
Text

Of the judgment of the court of first instance, the part against Defendant A and the judgment of the court of second instance shall be reversed, respectively.

Defendant

A shall be punished by imprisonment with prison labor for eight months.

Reasons

1. Summary of grounds for appeal;

A. Defendant H H’s punishment of the lower court (eight months of imprisonment) is too unreasonable.

B. Defendant A’s punishment of the lower court (eight months of imprisonment) and Defendant A’s punishment of the lower court (four months of imprisonment) are too unreasonable.

(c)

The first instance court’s punishment against the Defendants by the Prosecutor is too unfasible and unfair.

2. Determination

A. We examine the judgment ex officio on the grounds of appeal against the defendant A and the prosecutor before the judgment on the grounds of appeal against the defendant A.

Defendant

As the judgment of the court below in the first and second instances against A, Defendant A filed an appeal against the judgment of the court below in the first and second instances, and this court decided to hold concurrent hearings against each of the above appeal cases. The first and second instances of the judgment of the court in the first and second instances against Defendant A are concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence is imposed in accordance with Article 38(1) of the Criminal Act. Thus, the part against Defendant A in the judgment of the court in the first and the judgment of the court in the second instances cannot be maintained.

B. We also examine Defendant H and the Prosecutor’s unjust assertion of sentencing against Defendant H and the above Defendant in relation to each of the above Defendant’s unjust assertion.

Defendant

H acknowledges and reflect each of the crimes of this case, and the victims do not want to be punished against Defendant H, and Defendant H did not have any criminal record.

On the other hand, with knowledge that each of the crimes of this case was used for the crime of Bosing fraud, the victim of the crime of this case transferred the approaching medium two times, and received the money deposited by the victims of the crime from middle to middle, and the nature of the crime is poor.

In addition, considering the various circumstances, such as Defendant H’s age, sexual conduct, environment, motive, means and consequence of the crime, etc., and the conditions for sentencing as indicated in the instant records and theories after the crime, the sentence sentenced by the lower court is deemed appropriate.

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