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(영문) 대전지방법원 2016.12.08 2016노2549

컴퓨터등사용사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year of imprisonment) is too unhued and unfair.

2. The so-called phishing crime, such as the instant case, is a crime against an unspecified or many unspecified persons, and the nature of the crime is light due to its social shock, and thus, it is necessary to impose severe punishment on the Defendant, the amount of damage is considerably large, and the victims’ failure to recover from their damage, etc. are considered unfavorable to the Defendant.

However, there are favorable circumstances for the defendant, such as the fact that the defendant is attempting to commit the crime of this case, the fact that there was no criminal records against the previous defendant in the Republic of Korea, and the balance between the defendant and the case of being adjudicated simultaneously with the use of computer, etc. which became final and conclusive, etc. In full view of all the sentencing conditions including the defendant's age, character and character, environment, motive, means and consequence, etc., it is not recognized that the sentence of the court below is too unreasonable.

3. In conclusion, the prosecutor's appeal 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.