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(영문) 수원지방법원 2021.02.08 2020노6371
사기등
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 recognized all of the crimes in the judgment of the court below and against the Defendant, the degree of the Defendant’s participation in the crimes in Bosing is weak and the benefits derived therefrom are very low, the punishment of the court below (one year and six months of imprisonment, and confiscation) is too unreasonable.

B. In light of the fact that the Defendant served as a “measures for the management of heart gambling” of communications equipment to install and manage the phone numbers of the persons engaged in the phishing operations abroad, and contributed considerablely to the phishing crime, etc., the Defendant’s sentence of the lower judgment (a year and June, and confiscation) is too unfied and unfair.

2. In criminal litigation law taking the principle of court-oriented trials and the principle of direct determination, where there exists no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Even if considering the circumstance of the Defendant’s confession in the trial court, there exists a significant change in the conditions of sentencing compared to the lower court.

In full view of all the reasons for sentencing indicated in the records of this case, the sentencing of the court below is too heavy or unhued so that it exceeded the reasonable scope of discretion.

shall not be deemed to exist.

Therefore, the argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

3. The appeal filed by the defendant and the prosecutor in conclusion are without merit, and all of them are dismissed. It is so decided as per Disposition.

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