beta
(영문) 서울중앙지방법원 2018.10.11 2018노2009

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unhued and unfair.

2. Considering that the harmful consequences of the criminal act of phishing fraud consisting of a wide range of people's lives under a systematic and consistent plan to determine, in particular, the crime is intelligent and multinationalized, it is necessary to achieve the general preventive effect of punishment with strict punishment for the crime of phishing, so the prosecutor's assertion is sufficiently persuasive.

However, the court below also considered these circumstances.

As the court below properly stated, there are circumstances favorable to the defendant, and there is no change in the circumstances or circumstances that can be newly considered due to the increase of punishment after the court below was sentenced.

In addition, in full view of all the sentencing conditions indicated in the records of the instant case, including the Defendant’s age, sex, family relationship, motive for committing a crime, and circumstances after committing a crime, the sentence imposed by the lower court exceeded the reasonable bounds of discretion by being too unfluent.

It is difficult to see it.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.