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(영문) 대구지방법원 2016.04.06 2016노384
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (two years and six months of imprisonment and collection) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The instant fraud crime is continuously committed with the role of “measures to withdraw cash” for the crime of Bosing. As such, the instant crime of committing Bosing is highly harmful to society, and is committed systematically, planned, and intelligently, and even a subordinate member who participated only in part of the crime because it is difficult to arrest the entire organization, a strict punishment is required.

In addition, the defendant has committed other crimes such as narcotics.

However, the defendant led to the confession of the crime of this case, was able to repent in depth, and he does not seem to have actively participated in the crime of confinement and attack in this case.

In addition, comprehensively taking into account various factors such as the Defendant’s age, sex, environment, history of crime, motive, means and consequence of the instant crime, and the circumstances after the crime, the sentence imposed by the lower court is too heavy or is deemed unreasonable as it is too low.

3. The appeal filed by the Defendant and the prosecutor in conclusion 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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