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(영문) 수원지방법원 2018.09.06 2018노3769

사기미수

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the defendant reflects his mistake, the punishment of the court below (two months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The defendant and the prosecutor's arguments are examined as well;

The crime of this case was committed by the defendant on an organized and planned basis against many unspecified persons, and it is necessary to strictly punish the defendant when considering the social harm of the singishing fraud crime.

On the other hand, the fact that the crime of this case was committed in the attempted crime and actual damage did not occur, and that the defendant has no record of punishment in the Republic of Korea is favorable to the defendant.

In full view of all the conditions of sentencing, such as the above circumstances and the defendant's age, sexual conduct, environment, and degree of participation in the crime, etc., the sentence imposed by the court below is deemed appropriate, and it does not seem that the sentence imposed by the defendant is too heavy, or that it is unfair because it is too small.

3. The appeal of this case by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.