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(영문) 수원지방법원 2020.09.24 2020노3972
사기방조
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

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

2. We examine the reasoning of the judgment and the prosecutor together.

The crime of this case was committed by the defendant under the direction of an employee of the Bosing Criminal Organization in receipt of a total of KRW 19 million from the victims and delivered it to the members of the organization concerned. The crime of this case was committed very poor in the nature of the crime in light of the method and content of the crime. The crime of Bosing is very poor in light of the method and content of the crime. The crime of Bosing is hard to regulate because it is very strict and planned and it is not easy to recover from damage, and the social harm is very high. The damage has not been recovered until the trial, and the defendant was not able to receive from the victims, etc. are disadvantageous to the defendant.

On the other hand, the following facts are the circumstances that the Defendant recognized all the instant crime at the time of the trial and reflects the mistake in depth. The instant crime is a second aiding and abetting crime, the Defendant’s profit derived from the instant crime is not much high, and the Defendant is a first offender with no criminal record as North Korean defectors who entered the Republic of Korea around 2010 and settled in around 2010.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive and background leading to the commission of the crime, the means and consequence of the crime, and various conditions of sentencing as indicated in the instant records and arguments, such as the circumstances after the crime, the lower court’s punishment is deemed too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, 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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