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(영문) 창원지방법원 2018.04.19 2018노87
사기등
Text

Defendant

A All appeals filed against the Defendants by the Prosecutor and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Improper sentencing of Defendant A

B. The prosecutor’s improper sentencing (for the Defendants)

2. We examine the arguments of Defendant A and the Prosecutor.

The crime of this case is capable of gaining high rate profits.

In light of the fact that the victims belonging to the victims and their substance or profit-making is unclear, the number of victims is up to 20 persons, the total amount of money obtained by deception exceeds 400 million won, and the defendant A used trust in his status as an incumbent police officer, etc., the responsibility of the defendants is not weak.

However, it is difficult to view that all the defendants are against the victim's responsibility due to the expansion of damage.

Defendant

A is an initial crime and agreed with victims.

Defendant

B The degree of participation in crime is relatively weak.

In addition to the above circumstances, the lower court appears to have determined the sentence against the Defendants within a reasonable scope, taking into account various sentencing conditions as shown in the instant records and arguments, such as the Defendants’ age, sex, environment, motive and means of the commission of the crime, and circumstances after the commission of the crime.

B. There are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

All Defendant A and the Prosecutor’s arguments that the sentencing of the lower court is unfair are rejected.

3. Conclusion, Defendant A’s appeal and prosecutor’s appeal against the Defendants are 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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