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(영문) 서울남부지방법원 2016.11.17 2016노521
절도방조
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence No. 1 shall be confiscated.

Reasons

1. The summary of the grounds of appeal is very important to assist the defendant in committing the Bosing crime by introducing the defendant to a staff member of the singing criminal investigation, thereby preventing the principal from committing the singing criminal.

The nature of the crime is more poor in that the crime is committed against good decent citizens, which is relatively poor in economic circumstances, so it is possible to accept such a crime by taking the role of withdrawal for the purpose of acquiring illegal profits, and there are those who participate in the crime.

In light of the fact that the defendant aided and abetted the singishing crime, and that the defendant committed a second offense in the organization of the singishing crime, and that the risk of recidivism was sing down, the punishment sentenced by the court below (two years of imprisonment with prison labor for eight months and suspended execution) is too unhued and unfair.

2. The crime of Bophishing is committed against many and unspecified persons on a planned and organized basis, and is highly harmful to society.

The degree of the defendant's participation in the Bosing crime shall not be shorter than that of the defendant.

In addition, considering the defendant's age, family relation, character and conduct, career, environment, circumstance and consequence of the crime, circumstances after the crime, criminal records, and all the sentencing circumstances shown in the records and arguments of this case, the sentence imposed by the court below is deemed unfair, and thus, the allegation of unfair sentencing is reasonable.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries in each corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 329 of the Criminal Act and Articles 329 and 329 of the Criminal Act concerning criminal facts;

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