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(영문) 울산지방법원 2020.10.23 2020노1022
사기미수방조등
Text

The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

Defendant

A. Imprisonment.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the Defendants (one year of imprisonment, three years of probation, probation, one hundred and sixty hours of community service order, confiscation, one year of imprisonment, one year of confiscation, and one confiscation) is too unfluent.

2. The judgment is based on the following: (a) all the Defendants appeared to have an attitude to recognize and reflect their mistakes; (b) while participating in the first crime of this case, the Defendants sent pictures, etc. of the body of Bosing to Bosing to Bosing to Bosing to Bosing; (c) some of the circumstances appear to have been taken into account in the process of continuing the crime, such as threatening to spread the above pictures, etc.; (d) Defendant A did not have any penal power exceeding fines; and (e) Defendant B did not have any criminal history; (c) the Defendants were the primary offender; (d) the Defendants did not have any profit gained from the crime of this case; and (e) the Defendants agreed with the victims other than the victim T and some of the circumstances could have been taken into account in the living environment.

However, the Defendants’ participation cannot be deemed to be low in the fact that the Defendants’ crime of Bosing was committed in a systematic and systematic manner against many unspecified victims, and there is a great social harm that causes a large number of damages. Although the Defendants did not directly commit deception against the victims, it cannot be said that the Defendants’ participation cannot be completed without the Defendants’ role in receiving and delivering money from the victims. In the case of Defendant B, the victims are several persons, each of whom is a large amount of damage, and the victims’ damage has not been recovered. In full view of all the sentencing conditions in the instant pleadings, including the Defendants’ age, character, character, environment, and circumstances after the crime, etc., the lower court appears to be somewhat uneasible.

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