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(영문) 인천지방법원 2013.07.11 2013노1145
사기방조등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the Defendant is unjust because the lower court’s punishment (one year of imprisonment and two years of suspended execution) is too unreasonable, and the prosecutor asserts that the said punishment is too uneasible and unjust.

2. The circumstances favorable to the Defendant are as follows: (a) the Defendant led to confession; (b) the Defendant is currently youngly aged 20; (c) there is no record of punishment other than minor fines due to traffic accidents; and (d) cooperation in the investigation of principal offenders.

On the other hand, the crime of this case is an unfavorable circumstance to the defendant, even though it is known that the crime of this case is used for a single-sing crime which has recently become a social problem, and it is sold a bank account, etc. necessary therefor, and the crime is very poor, and there is no damage from the defendant.

Considering all kinds of sentencing materials that can be seen through the records of the instant case along with the above circumstances, the sentence imposed by the court below is too heavy or less severe.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and 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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