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(영문) 광주지방법원 2016.08.23 2016노1944
특수절도등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the gist of the reasons for appeal (one year of imprisonment) by the lower court, the Defendant asserts that it is too unreasonable for the Defendant to be sentenced to imprisonment, while the Prosecutor appealed to the lower court by asserting that it is too unfasible and unfair.

2. The so-called Bosing crime, in which the Defendant participated, is a crime committed by an unspecified number of people, in particular, elderly people and other economically and socially weak people who are vulnerable to financial affairs, and the quality of the crime is bad. The victim takes charge of the final acquisition of cash acquired through deception, such as receiving cash directly from the victim’s house, at the victim’s house, in a Bosing criminal organization, and the degree of the share of the act is less severe

shall not be deemed to exist.

On the other hand, the Defendant did not have any profit by committing the instant crime under the age of 19, and did not have any record of punishment for the instant crime.

In addition, comprehensively taking account of the following factors, such as the Defendant’s age, sex, and circumstances after the commission of the crime, the argument regarding the sentencing of the Defendant and the Prosecutor is difficult to accept.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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