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(영문) 인천지방법원 2020.05.07 2019노4318
사기
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below on the Defendants (two years and six months of imprisonment, two years of imprisonment, two years of imprisonment, two years of imprisonment, two years of imprisonment, and one year and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the Defendants is too unhued and unreasonable.

2. The Defendants took part in the commission of the crime of Bophishing, which was organized by the Defendants, in view of the degree of contribution to the crime, the nature of the crime is more severe, and the fact that the amount of damage caused by the crime of this case is not significant is unfavorable; however, the Defendants were led to the confession of the crime of this case, and there is no history of criminal punishment, and Defendant A, B, and C has the favorable circumstances to which they voluntarily surrenders to investigation authorities.

In full view of the aforementioned circumstances and the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime, and other circumstances that form the conditions for sentencing as indicated in the instant case, it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable.

Therefore, the Defendants and the prosecutor’s argument of unreasonable sentencing is without merit.

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

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