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(영문) 수원지방법원 2018.08.09 2018노1899
공갈방조등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The gist of the grounds of appeal is that the crime of this case was committed by the Defendants involved in the organized fraud crime, and the nature of the crime was serious, the sentence of the lower court (Defendant A: one year of imprisonment, two years of suspended execution, eight years of imprisonment, and two years of suspended execution) is too unreasonable.

2. The Defendants play a role in withdrawing and remitting money which the Defendants got through deception or defrauded through the organized phishing crime. The nature of the crime is important.

However, in full view of all the sentencing conditions indicated in the arguments of this case, including the Defendants’ retirement from office after committing the crime as stated in the judgment of the court below and the Defendants appear to have failed to commit any further mistakes; the Defendants expressed their attitude against them; the Defendants did not have any history of criminal punishment in the Republic of Korea; the Defendants’ age, sexual behavior, environment, etc., the punishment of the court below against the Defendants is too uneasy and unreasonable.

Therefore, prosecutor's assertion is without merit.

3. Since the appeal of this case against the Defendants by the public prosecutor in the conclusion of the judgment is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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