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(영문) 수원지방법원 2015.02.12 2014노6659 (1)

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, two years of probation, and two hundred hours of social service) of the lower court is deemed to be too uneasy and unreasonable;

2. Although the crime of this case constitutes a reason for sentencing unfavorable to the defendant, the crime of this case constitutes the crime of this case, such as the so-called Bophishing crime that is not good to the quality of the crime, which is organized, planned, and intelligent; the crime of Bophishing is a serious crime with the structure of massing a large number of victims; the defendant's act of taking the measures to withdraw and transfer from the crime of this case is indispensable to achieve the purpose of the crime of this case; the defendant's agreement with the victims or no damage has been recovered; however, the defendant is the first offender without previous conviction; there are circumstances to consider the defendant's participation in the crime of this case; the defendant's profits acquired by the crime of this case are only KRW 520,00 won; the defendant's age is to nurture three children; and the defendant's act of taking the conditions of sentencing, including imprisonment with prison labor, community service, and probation, as a whole, the prosecutor's assertion that probation and probation are not accepted.

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