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(영문) 울산지방법원 2020.10.30 2020노1034
사기방조
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant (one year and six months of imprisonment) is too unreasonable.

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

2. Determination is based on the circumstances favorable to the defendant, such as the fact that the defendant shows the attitude of recognizing and opposing his mistake, the fact that 14 victims, including 10 victims agreed in the trial court, and the fact that she is the primary offender, are favorable to the defendant.

However, the Defendant received money from the victims and delivered it to the Bosing principal offender. The degree of participation of the Defendant cannot be deemed to be low, and the victim's majority and considerable amount of damage are disadvantageous to the Defendant. In full view of all the sentencing conditions indicated in the arguments in this case, including the Defendant's age, character and behavior, environment, circumstances after the crime, change of circumstances after the sentence of the lower court, etc., the lower court's punishment is too heavy or unreasonable, considering all the sentencing conditions indicated in the arguments in this case, such as the Defendant's age, character and environment, circumstances after the crime, change of circumstances after the sentence of the lower court.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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