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(영문) 서울중앙지방법원 2019.02.14 2018노3742
사기미수
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and four months of imprisonment, and confiscation) is too unreasonable.

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

2. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the Defendant appears to have committed an offense while recognizing the fact of the offense, there is no record of criminal punishment in the Republic of Korea, and the fact that the offense of this case is committed an attempted offense is favorable to the Defendant.

Meanwhile, considering the social harm of the crime of this case, the crime of this case is committed with the intention of acquiring personal information in advance and fixing the object of the crime by taking advantage of the parents' mind to understand the safety of the life and body of the child, the crime of this case requires strict punishment for the related persons when considering the social harm of the criminal act of this case, and the defendant is not easy to take part in the crime of this case, such as performing the role of "cash collection measures" which directly receive cash from victims and deliver to the Bosing staff, and it appears that the victims suffered a great mental suffering due to the crime of this case, and that the victims did not receive any tolerance from the victims.

In full view of the above circumstances favorable or unfavorable to the defendant, and other circumstances, such as the defendant's age, character and conduct, environment, circumstances surrounding the crime, and the result of the crime, etc., and various circumstances, which are the conditions for sentencing as shown in the records and arguments of this case, the sentence imposed by the court below is deemed to be appropriate, and it cannot be deemed that it is too heavy or too unreasonable.

Each argument of unfair sentencing by the defendant and prosecutor is without merit.

3. Accordingly, the appeal filed by the Defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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