(영문) 대구지방법원 2017.12.15 2017노4401 | 리걸엔진

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Reasons

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자간(%)

(영문) 대구지방법원 2017.12.15 2017노4401

사기방조

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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 (ten months of imprisonment) is too unreasonable.

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

2. The judgment of the court below is a favorable condition that the defendant led to the confession of each of the crimes of this case and is against the defendant, and the defendant was committed with no knowledge of the substance and conspiracy of the crime, and the benefits acquired by the defendant for each of the crimes of this case seems not to be so much high, and the defendant does not have any record of the same crime, and there is no criminal record exceeding the fine, the defendant's health status is not good, and the defendant's family and branch are complaining of the defendant's wife.

However, this case did not have a definitive perception that the defendant was taking an important role in delivering cash in committing the crime of Bosing by Bosing, and that the nature of the crime is not good, and that there is a need to strictly punish the persons involved in the crime in light of the fact that the method of the Bosing crime is becoming tight and the damage is increasing, the delivery amount by the defendant exceeds 47 million won, and the defendant was involved in the crime of Bosing.

Even if it appears that the defendant could have sufficiently known that he was a crime, in light of its role, the background of participation, and sound common sense, and the fact that the defendant is not endeavoring to recover the damage of the victim is disadvantageous.

In addition to the above circumstances, considering the fact that there is no change of circumstances that could change the punishment as determined by the court below, and the defendant's age, sex, environment, motive and background leading to the crime of this case, the means and consequence of the crime of this case, and all of the sentencing conditions in the theory of changes, the punishment sentenced by the court below is deemed appropriate.

3. If so, the appeal by the defendant and the prosecutor is justified.

유사 판례

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