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(영문) 서울중앙지방법원 2020.05.07 2020노487
범죄단체가입등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. With respect to the lower court’s sentence of imprisonment for a year and six months, the Defendant filed an appeal on the grounds that the sentence is too unabundable and unreasonable. The prosecutor filed an appeal on the grounds that the sentence is too unabundable and unreasonable.

2. The judgment of the defendant is not directly executed by the defendant, but led by the defendant's accomplices, by making a confession of all the crimes, and there is no criminal record other than a minor fine once, and the act of deception and deception in the list of crimes in the judgment of the court below is not directly executed by the defendant.

However, it is necessary to impose severe punishment because Bophishing is a highly systematic, planned, or intelligent crime and has a very great social hazard.

Furthermore, the defendant, as his assistant staff, has served as a key role in actively deceiving victims as if he was a counselor of a financial institution after telephone to many and unspecified persons. Although there is no direct deception of the defendant, there is no victim.

Even if the illegality of the act is very high.

In addition to the above circumstances, the lower court’s punishment is deemed appropriate when comprehensively considering all the circumstances shown in the instant records and arguments, such as the Defendant’s age, character and conduct, environment, family relationship, motive and background of the offense, means and method of the offense, and the circumstances after the offense.

Therefore, each of the defendant and prosecutor's arguments on unfair sentencing are not accepted.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, 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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