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(영문) 서울서부지방법원 2016.03.25 2015노1816

컴퓨터등사용사기등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The reasoning of the appeal by the defendant is that the sentence of imprisonment (one year of imprisonment) by the court below is too unreasonable.

B. The reasons for the prosecutor’s appeal (one year of imprisonment) is too unfased and unreasonable.

2. In full view of all the circumstances indicated in the arguments and records in the instant case, such as the motive of the Defendant’s crime and the circumstances after the crime, etc., the sentence of the lower court is deemed appropriate, in full view of the following: (a) the so-called “Sishing” crime, which is a so-called “Sishing,” requires strict relief from social abolition; (b) the confession and reflect of the Defendant; (c) the primary offender; and (d) the degree of the Defendant’s participation; and (e)

Therefore, the argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal filed by the defendant and the prosecutor are without merit. It is so decided as per Disposition.