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(영문) 광주지방법원 2017.03.30 2017노32

절도등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (a long-term one year and four months of imprisonment, a short-term one year, and confiscation) is too unreasonable.

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

2. The fact that the defendant confessions as a juvenile and reflects his gender, and that the profit gained by the crime of this case is relatively small, and that there is no record of punishment in Korea is favorable to the defendant.

On the other hand, the following is disadvantageous.

The so-called Bophishing crime is a crime that actually assumes all citizens of the Republic of Korea as a target of crime and assumes various national agencies and financial institutions and makes it a non-discriminatory crime, and its nature is extremely poor.

These crimes are very difficult to arrest the main offenders from the investigative agency because they reside or are operated as an occupation organization abroad, and are becoming a big social problem, even though the number of crimes is becoming more diverse, the crime is terminated, and the need for prevention through strict punishment is very high.

In light of this point, the role of the criminal who participated in the phishing crime is merely a simple participation and is not a benefit that he or she has acquired individually.

Even if there is a need for strict punishment.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime was committed, the character and conduct of the Defendant, the environment, etc., as well as the various sentencing conditions indicated in the instant records and pleadings, the lower court’s punishment is too heavy or unreasonable, and thus, the allegation that the sentencing of the Defendant and the Prosecutor is unfair is without merit

3. The appeal filed by the Defendant and the prosecutor in conclusion is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.