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(영문) 대전지방법원 2015.12.04 2015노2876
컴퓨터등사용사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the court below (one year of imprisonment) is too uneased and unfair.

2. Determination

A. The Defendant’s sentence of imprisonment is inevitable in light of the following: (a) the Defendants committed an organized crime against many, unspecified persons; (b) the financial system and society are not only; (c) the Defendant’s act of taking the responsibility for withdrawal of the Bosing Organization; and (d) the Defendant’s account is provided even with knowledge that his account would be used for the commission of the crime; (d) the amount of damage is not large; and (e) the previous and the sentence is imposed.

B. Meanwhile, there are extenuating circumstances, such as the confession of the Defendant to commit a crime, the fact that the degree of the Defendant’s participation in the crime is not significant, the benefits earned from the instant crime are not much high, and living conditions are difficult for a basic living recipient as a basic living recipient, and the mental disorder of class 3 is diagnosed as a bipolartic disorder and is not suitable for the health condition.

In addition, considering the Defendant’s age, family relations, details and motive of the crime, and circumstances after the crime, the sentence of the lower court is adequate.

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

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