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(영문) 서울북부지방법원 2016.05.27 2016노682
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant is too vague and unfair.

2. There is no significant change in circumstances that may consider the sentencing of the defendant after the judgment of the court below.

The criminal case of Bosphishing committed by the defendant is a spam and organized crime, and its social harm is serious.

In addition, it is difficult to eradicate the crime because it is difficult to detect participants due to organizing.

Where a person who has participated in a crime is discovered, he/she shall strictly ask his/her responsibility to prevent another person from committing another crime.

In addition, considering the facts alleged by the Defendant on the grounds of appeal, the lower court’s sentence cannot be deemed unreasonable, even if all of the circumstances alleged by the Defendant on the grounds of appeal are considered.

Therefore, the defendant's argument of sentencing is not accepted.

3. If so, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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