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(영문) 서울중앙지방법원 2018.06.21 2018노726
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal by the defendant and the prosecutor is that the defendant is unfair due to excessive neglect of the punishment of the court below (one year and six months of imprisonment), and the prosecutor is rather unreasonable as the above punishment is too unreasonable (the prosecutor’s assertion of misapprehension of the legal principles was withdrawn). 2. The defendant was recognized as all of the crimes of this case, and is in depth against the defendant, and the defendant has no record of punishment prior to the crime of this case.

However, the so-called "Sishing" crime is a crime committed systematically and systematically against many and unspecified persons, and social harm is serious and the amount of damage is increased as well, so severe punishment is needed.

In addition, in view of the frequency of the crime, the amount of damage caused by the crime, etc., the defendant's crime of this case was not less complicated than the nature of the crime, but did not completely recover from the damage.

Considering the aforementioned circumstances and other circumstances, comprehensively taking into account the Defendant’s age, sexual conduct, environment, and family relationship, the lower court’s punishment is excessively heavy or excessively light.

It does not seem that it does not appear.

3. Therefore, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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