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(영문) 서울중앙지방법원 2019.01.11 2018노3353
공문서위조등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

The defendant (e.g., imprisonment with prison labor, June, and confiscation) of the court below is too unreasonable.

The lower court’s sentence of the prosecutor (e.g., e., e., g., e., e.

The sentencing guidelines [the scope of applicable sentences in law] 15 years or less (the total amount of profit shall be based on the sum of the amount of profit) / type 1 (the amount less than KRW 100 million) of systematic fraud among the fraud crime group / [the specially adopted person] Defendant exercised a forged public document and received money directly from the victims in person. The degree of his/her participation cannot be deemed to have been “a simple participation” in the crime of larceny.

The mitigated element: Where the defendant committed a crime for an unspecified or large number of unspecified victims or repeatedly over a considerable period of time (the scope of recommending punishment): The basic area of punishment: from 1 year and 6 months to 3 years; the defendant is against himself/herself while making a full confession of the crime (Evidence Records 239 to 242); on the other hand, the crime of this case is organized by multiple persons due to the crime of Bosphishing fraud, and the nature of the crime is not good; the defendant plays the role of so-called "large immunity", and the degree of participation in the crime is not easy; the defendant is within the scope of sentencing recommended on the sentencing guidelines; and other various circumstances that are the conditions of sentencing as shown in the records and arguments, the defendant and the prosecutor's assertion are not recognized as being too heavy or unreasonable. Therefore, the defendant and the prosecutor's assertion are without merit.

Therefore, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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