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(영문) 서울서부지방법원 2016.03.18 2016노8
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The gist of the grounds for appeal by the defendant is that the court below's punishment (two years of imprisonment with prison labor) is too unreasonable, and the prosecutor's grounds for appeal are too unfluent and unfair.

The sentencing factors favorable to the defendant are that the defendant led to confession and reflects of each of the crimes in this case, that the defendant has no particular criminal history prior to each of the crimes in this case, and that both the victim G and M have reached an agreement with the victim.

However, as in the instant case, the Defendant’s participation in the call center team in which a direct deception was conducted against the victim is not easy to the extent that the crime was planned and organized against many and unspecified persons, thereby causing serious damage to the victims, and the social harm and severe punishment are also necessary. The Defendant’s participation in the call center team in which a direct deception was conducted against the victim is an element for sentencing disadvantageous to the Defendant.

In addition, in full view of the various factors of sentencing as shown in the argument of the instant case, including the Defendant’s age, sexual conduct, environment, the process and consequence of the instant crime, and the circumstances after the crime, it is not recognized that the lower court’s punishment is too heavy or too unreasonable.

Therefore, all appeals filed by the defendant and the prosecutor are without merit, and they are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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