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(영문) 춘천지방법원 강릉지원 2017.01.12 2016노494

전기통신금융사기피해방지및피해금환급에관한특별법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below (one month of imprisonment) is too unreasonable.

2. The judgment of the defendant came to the first instance and recognized the crime of this case, and there are favorable circumstances such as the defendant's absence of the same criminal record.

However, the crime of this case is a planned and organized crime committed against many and unspecified persons, which is likely to cause a significant social harm, and thus requires severe punishment against the relevant participants, and the damage has not yet been recovered most, as well as the total amount of damage, and in addition, taking into account various circumstances, such as the role and position of the defendant in the entire crime of this case, the degree of participation, the age and conduct of the defendant, his age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence of the court below cannot be deemed to be unfair because it is excessively excessive.

Defendant’s assertion is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.