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(영문) 서울남부지방법원 2020.08.20 2020노897
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (e.g., indual) by the lower court, the Defendant asserts that the Defendant is too uncomfortable and unfair, and the prosecutor asserts that it is too unffortable and unfair.

2. The lower court: (a) took into account the favorable circumstances in which the equity should be considered in the case where the instant crime should be adjudicated simultaneously with the crime committed in violation of the Electronic Financial Transactions Act; (b) on the other hand, there is a need to punish the criminal act of Bosing; (c) the social harm resulting therefrom is bad; (d) the Defendant took an essential role in realizing criminal proceeds in the crime of Bosing; and (e) the degree of participation was significant; and (e) the injury was not recovered under the unfavorable circumstances; and (e) determined the Defendant’s punishment by taking into account various sentencing conditions, including the Defendant’s age, character, character, environment, family relationship, motive and circumstance of the crime; and

Even when considering the circumstances alleged by the Defendant and the prosecutor as the grounds for appeal, the lower court appears to have determined the punishment within a reasonable scope, taking full account of all the circumstances regarding sentencing (the sole reason that the Defendant acknowledged all the crimes at the time of the trial does not require a change in the lower court’s sentencing). Therefore, it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable because the Defendant’s sentence

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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