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(영문) 서울중앙지방법원 2018.04.12 2018노223
사기미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Seized evidence Nos. 2 and 3 shall be confiscated.

Reasons

1. Summary of reasons for appeal - Each sentencing undue

A. In light of various circumstances, such as the circumstances after committing the crime of the defendant, the sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

B. In light of the harm and harm inflicted on the so-called “scaming” crime committed by the prosecutor, the sentence imposed by the court below is too unhued and unfair.

2. Determination

A. The Defendant is aware of all of the crimes, and the Defendant continues to depth about the omission of his bad crime.

In addition, there are circumstances in which the wife has divorced from the wife, and the father of 10 years old and 80 years old are supported by the married couple, and the health of the deceased is not good.

B. However, the so-called “phishing” crime is a crime without face, which is highly harmful and has a serious damage therefrom.

Meanwhile, even though the Defendant is not in the position to plan and direct a crime of Bosing, the Defendant is not in the position to commit a crime of “ Bosing” due to those who aid or aid to commit such crime like the Defendant in light of the characteristics of the “ Bosing” crime, and the crime of “ Bosing” is not cut.

(c)

In light of the harm and injury of the crime of Bosing, even if considering the circumstances favorable to the defendant, the sentence imposed by the court below is too uneastable and unfair.

3. According to the conclusion, the lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered again after pleading, on the grounds that the appeal filed by the Defendant and the prosecutor on the grounds of unfair sentencing is well-grounded.

【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 352, 347(1), and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment.

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