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(영문) 대구지방법원 2020.08.26 2020노1478
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (one year and six months of imprisonment, and confiscation) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). All of the instant crimes are recognized by the Defendant, and profits from the instant crime are relatively small, and the participation period is only five days.

However, since the crimes of Bosing, such as the instant case, are highly harmful to the society, it is necessary to impose strict punishment.

The Defendant, who works for the withdrawal and delivery of the Singing Organizations, kept the Cing Card in accordance with the instructions of the merchant vessel, and delivered approximately KRW 70 million to the amount of Bosing damage.

The above sources of damage delivered by the defendant have not been restored.

Although there is no record of criminal punishment by the defendant, there is a record of juvenile protective disposition several times due to the same crime.

In addition, taking into account all the factors of sentencing as shown in the records and arguments, such as the defendant's age, family relations, growth background, and criminal history, the sentence imposed by the court below against the defendant is not heavy.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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