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(영문) 수원지방법원 2016.10.19 2016노5120

컴퓨터등사용사기방조

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. The determination of this case has great social harm and injury caused by the crime of licensing, such as the instant case.

In general, it is necessary to punish only aiding and abetting criminals such as the defendant in the case of arrest of the principal in the crime of Bosing, in order to eradicate the crime of Bosing in general judicial reality, it is necessary to strictly punish the act of participation such as the defendant.

Although the defendant is a aiding and abetting offender, the degree of his participation is not easy.

In addition, the defendant committed the crime of this case during the period of repeated crime.

On the other hand, the defendant deposited five million won for the victim in the court below, agreed with the victim in the trial, and repaid the remainder of five million won for the defrauded to the victim.

Defendant reflects on crimes.

In addition, comprehensively taking into account the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc., the sentence of the lower court is too heavy or unreasonable.

Therefore, the defendant and prosecutor's assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.