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(영문) 춘천지방법원 강릉지원 2016.10.27 2016노327

절도등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and six months) by the lower court (e.g., imprisonment and confiscation) is too uneased and unreasonable.

2. The crime by the so-called Bophishing is a planned and organized crime committed against many and unspecified persons, and the nature of such crime is inferior, such as the negative impact on society as a result of such crime on a large number of unspecified persons, and requires strict punishment against the participants, and the fact that the defendant did not reach an agreement with the victims is disadvantageous to the defendant.

On the other hand, taking into account the following circumstances: (a) the Defendant recognized all of the instant crimes; (b) the Defendant has no record of being punished in Korea; and (c) the role and position of the Defendant, degree of participation; (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crimes; and (e) other circumstances that form the conditions for sentencing as indicated in the instant case, such as the circumstances after the commission of the crime, the lower court’s punishment cannot

The prosecutor's assertion is without merit.

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