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(영문) 대구지방법원 2019.05.24 2019노1049
사기방조
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal, the Defendant asserts that the Defendant is too uncomfortable and unfair, and that the prosecutor is too uncomfortable and unfair.

2. The instant crime was committed against many and unspecified persons in a systematic and planned manner, and the nature of the crime is very bad, and the social harm resulting therefrom is serious.

In addition, since the crimes of Bosing are more intelligent with the law of crime, and are carried out in a variety of participants' participation, it is necessary to strictly punish those participants who take charge of the role of withdrawing or conveying cash in order to eradicate it.

On the other hand, the fact that the defendant recognized his mistake and reflected his mistake, and the fact that the amount of damage in this case was returned to the victim is favorable to the defendant.

The sentence of the lower court appears to have been appropriately determined by fully taking into account the above various circumstances, and there is no special circumstance or change in circumstances that are different from the sentencing conditions of the lower court to the trial.

In addition, comprehensively taking account of various circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, etc., it cannot be deemed that the lower court’s punishment is too heavy or unreasonable to the extent that it is deemed that the Defendant exceeded the reasonable scope of discretion.

3. The appeal filed by the defendant and the prosecutor is without merit and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act.

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