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(영문) 의정부지방법원 2019.03.29 2018노3582
사기방조
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (eight months of imprisonment and confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. A favorable circumstance is that the Defendant recognized the instant crime and reflects his mistake when it comes to the trial, and that there is no record of criminal punishment in the Republic of Korea, etc.

However, the crime of Bosing aiding and abetting by the accused is an offense with serious social harm, such as causing damage to many unspecified victims and undermining the financial transaction order in our society, which is disadvantageous to the situation where it is necessary to strictly punish it as a serious crime, and where it is not recovered from damage.

In full view of such circumstances as well as the age, character and conduct, environment, career and occupation of the defendant, circumstances after the crime, etc., and all the circumstances that are conditions for sentencing as shown in the records and arguments of this case, the sentence of the court below is deemed appropriate.

Therefore, the defendant and prosecutor's argument of unfair sentencing is not accepted.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, it is clear that "1. Confiscation" and "Article 48 (1) 1 of the Criminal Procedure Act" have been omitted in the following actions following the fourth sentence of the decision of the court below. Thus, it is corrected to add it ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.

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