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(영문) 수원지방법원 2019.08.29 2019노3245
사기미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (one year of imprisonment) is too unfied and unreasonable.

2. The crime of this case is deemed to have been committed by the Defendant as a cash collection measure of the Bosing criminal organization, and is committed by the Defendant to defraud 20 million won from the victim. In light of the method and content of the crime, etc., the crime of Bosing is very poor in light of the method and content of the crime, and the crime of Bosing is hard to regulate because it is a secret and organized crime, and the scope of damage is brutly differentiated and is not easy to recover from damage, and its social harm is very high. Therefore, even though such circumstances are recognized, it is deemed that there is a need to strictly punish the Defendant, it is already considered in the sentencing of the lower court.

In addition, the court below denied the crime of this case in light of the following circumstances: (a) although the defendant denied the crime of this case in the court below; (b) the crime of this case was committed in the past; (c) the crime of this case was committed in the past; and (d) there was no property damage as a result of the attempted crime of this case; and (e) the defendant did not have any other criminal power, as well as the defendant was sentenced once to a fine of this kind in the Republic of Korea; and (e) other factors of sentencing as indicated in the arguments of this case, including the defendant’s age, character and behavior, environment, motive and background, means and consequence of the crime; and (e) various

Therefore, the prosecutor's above assertion is not accepted.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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