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(영문) 수원지방법원 2020.02.13 2019노7273
사기미수방조
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. Although the judgment of the court below is based on the following facts: (a) the defendant led to the confession of the crime and reflects the depth of the crime; (b) the defendant took part in the crime by aiding and abetting the singishing crime; (c) the defendant took part in the crime; and (d) the defendant did not have any record of punishment in the Republic of Korea, it appears that the court below determined the punishment in consideration of

In light of these circumstances, the crime of this case was committed by the police officer arrested by the police officer who was dispatched after receiving a report, while the defendant involved in the criminal act of Bosing as a cash collection and remittance, and the crime was committed in violation of the law and contents of the crime. The crime of Bosing is very poor in view of the method and contents of the crime. The crime of Bosing is likely to cause the damage to be differentiated and socially harmful, and thus it is necessary to punish the crime strictly. In full view of the equity in sentencing with the case of the same and similar incidents, and other various sentencing conditions shown in the argument of this case, including the defendant's age, career, character and behavior, environment, motive, means and consequence of the crime, etc., the punishment of the court below is too unreasonable

Therefore, the defendant's above assertion is without merit.

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

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