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(영문) 서울서부지방법원 2018.11.08 2018노1057
사기등
Text

All appeals by the prosecutor and the defendant are dismissed.

In the last sentence of the judgment of the court below, the evidence seized No. 2.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence against the Defendant by the Prosecutor (one year and six months of imprisonment) is too unhued and unreasonable.

B. The lower court’s sentence against the Defendant is too unreasonable.

2. We examine both the prosecutor’s judgment and the Defendant’s unfair argument in sentencing.

As seen in the instant case, the crime of Bosing is a crime that induces victims of a large number of unspecified persons in a systematic and professional manner by sharing the roles of a large number of people, and is highly likely to be punished and criticized. The Defendant’s act of participating in the criminal act is an essential element for the crime of Bosing, misrepresentation of employees of the Financial Supervisory Service and the receipt of the money by deception, and the degree of participation is not easy, and the victims caused by the instant crime are many victims and the amount of fraud is not small, and that the damage is not recovered is disadvantageous to the Defendant.

On the other hand, the defendant seems to have an attitude to recognize and reflect his mistake, and the fact that there is no criminal punishment prior to the instant case due to the early birth of the society of 20 years of age is favorable to the defendant.

When comprehensively taking into account the conditions for sentencing in the trial, the applicable sentencing, and the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, etc., the judgment of the court below exceeded the reasonable bounds of discretion.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or the judgment of the court below is assessed.

B. There is no change in the conditions of sentencing compared with the original judgment because a child has not submitted new data on sentencing in the trial of the original instance.

In addition, in full view of all the circumstances regarding sentencing as indicated in the records and theories of this case, including the defendant's age, sex, environment, family relationship, and the circumstances and result leading to the crime of this case, the profits of the defendant, the period and degree of participation in the crime, circumstances after the crime, and the history of punishment, the sentence imposed by the court below is too excessive.

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