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(영문) 서울서부지방법원 2016.10.27 2016노822
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

The gist of the grounds for appeal by the defendant is that the court below's punishment (one year and ten months of imprisonment) is too unreasonable, and the gist of the prosecutor's appeal is that the court below's punishment is too uneasible and unfair.

The fact that the defendant led to the confession and reflect of the crime of this case, the defendant was the first offender, the victim P, X, T,V, and U, and the fact that the amount of damage was deposited for the victim W, etc. are favorable to the defendant.

On the other hand, the crime of Bosing, such as the instant case, is planned and organized for many and unspecified persons, thereby causing serious damage to the victims as well as serious social harm and severe punishment are needed. The Defendant, who is in charge of telephone counselor in the instant crime, committed a deceitful act directly against the victims by taking charge of the role of telephone counselor, and the degree of participation in the crime cannot be said to be somewhat weak.

In addition, comprehensively taking account of the Defendant’s age, career, character and conduct, motive and circumstance of the instant crime, circumstances after the instant crime, etc., and all of the sentencing conditions indicated in the arguments and records, the sentence of the lower court is deemed appropriate, and it is deemed that it is too heavy or too unreasonable. Therefore, each of the allegation of unfair sentencing by the Defendant and the prosecutor is without merit.

Therefore, 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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