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(영문) 서울북부지방법원 2016.04.28 2016노15
사기
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of one year and eight months, Defendant B's imprisonment with prison labor of one year and eight months, and Defendant C.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of the lower court (the two years of imprisonment for each of the defendants A, B, the defendant C, and D: one year and six months of imprisonment) is too unreasonable.

B. The above sentencing of the lower court against the Defendants by the prosecutor is too unhued and unreasonable.

2. Determination of unfair argument about sentencing

A. We also examine Defendant A’s wrongful assertion of sentencing by Defendant and Prosecutor.

Defendant

A introduced Defendant B, etc. to the J, which is a general responsibility for telephone financial fraud, and obtained a certain percentage of the amount of fraud, and there is a significant nature of the crime, and the criminal defendant's participation in the crime of Bohishing is an organized, planned, intelligent, and unspecified number of unspecified people, and has a serious adverse effect on the trust relationship of the entire society.

However, according to the following circumstances: (a) Defendant A was at the time of committing the instant crime and has not been subject to criminal punishment for the same kind of crime; (b) there was no record of being subject to criminal punishment for the same crime; and (c) agreed with the victim U during the trial and agreed with the victim U; and (d) other circumstances that are conditions for sentencing as shown in the records and arguments, such as Defendant A’s age, sex, environment, motive and circumstance of committing the instant crime, means and consequence, etc., and the circumstances after committing the instant crime, the sentence imposed by the lower court is deemed to be too unreasonable, rather than unfair.

B. We also examine Defendant B’s wrongful assertion of sentencing between Defendant and Prosecutor.

Defendant

B play a significant role, such as soliciting Defendant C and D and receiving direct instructions from J, and the criminal nature of the crime is significant, and the criminal defendant's participation in the criminal conduct results in organized, planned, intelligent and unspecified persons causing a discriminatory and serious damage, and has a significant adverse effect on the trust relationship of the entire society.

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