(영문) 서울남부지방법원 2017.12.14 2017노967

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(영문) 서울남부지방법원 2017.12.14 2017노967

사기미수등

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All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

The current financial account for seized financial crimes.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the defendant's depth reflects on the defendant, and that the defendant acted as ordered by the job offer advertisement while living together, and that the defendant was responsible for the mere delivery of the defendant, and that the crime of Bosing was not caused by the attempted crime of this case, and that joint injury was committed first by the victims, which led to the crime, and is endeavoring to agree with the victims, and that the defendant actually lives with the victim after the release, the punishment (the judgment below 1: imprisonment with prison labor for 1 year and 6 months, and 6 months) sentenced by the court below is too unreasonable.

B. In light of the fact that prosecutor’s Bosing crime requires strict punishment in light of the organized, planned methods and social harm and injury, the delivery of the Defendant’s obligation to the Defendant is a key role in the instant Bosing crime; the Defendant has several criminal records and records of juvenile protective disposition on several occasions, and the crime of attempted fraud of this case is an offense during the repeated period. In light of the fact that the crime of attempted fraud of this case is an offense during the repeated period, the sentence of the first instance judgment is too unreasonable.

2. As to the judgment of the court below on the first and second grounds, the prosecutor filed an appeal against the judgment of the court of first instance, and the court decided to hold the appeal jointly and severally.

However, since each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Code, one punishment should be sentenced.

Therefore, the judgment of the court below Nos. 1 and 2 cannot be maintained as it is.

3. In conclusion, the judgment of the court below is reversed ex officio as seen earlier. Thus, the judgment of the court below is all made in accordance with Article 364 (2) of the Criminal Procedure Act, without further proceeding to decide on the unfair argument of sentencing between the defendant and the prosecutor.

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