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(영문) 의정부지방법원 2018.07.24 2018노1571
사기미수
Text

The judgment below

Part concerning Defendant B and C shall be reversed.

Defendant

B Imprisonment with prison labor for not less than eight months and Defendant C.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (Defendant A: imprisonment of 8 months, confiscation, Defendant B: imprisonment of 10 months, short-term eight months, confiscation, Defendant C: imprisonment of a maximum term of 1 year and 2 months, short-term one year and 1 year, Defendant D: imprisonment of a maximum of 1 year and 10 months, and confiscation) against the Defendants sentenced by the public prosecutor’s decision is unfair.

B. Each punishment against the Defendants sentenced by the lower court is too unreasonable.

2. Determination

A. Defendants A and D’s unfair assertion of sentencing and the Prosecutor’s improper assertion of sentencing against Defendant A and D are against the recognition of and against the instant crime, and the instant crime was committed against the attempted crime.

The number of defendants' participation in the crime is one time.

This is favorable to the defendants.

However, the so-called “scaming” fraud, such as the instant crime, consists of organized, planned, and intelligent crimes, and has a significant social harm, and even if it exclusively participates in part of the crime because it is difficult to arrest the entire organization, it is necessary to severely punish the crime.

This is disadvantageous to the Defendants.

In addition, in full view of all the conditions of sentencing as shown in the records and arguments in the instant case, including the Defendants’ age, sex, environment, family relation, motive, background, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is appropriate, and the sentencing judgment by the lower court exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, as the prosecutor asserts that the sentence imposed by the court below is too uneasible or unreasonable, or it cannot be deemed unfair because the defendants' assertion is too unreasonable. Thus, the prosecutor and the defendants' above assertion are without merit.

B. The so-called crime of this case, such as Defendant B and C’s unfair assertion of sentencing and prosecutor’s improper assertion of sentencing against Defendant B and C.

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