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(영문) 수원지방법원 2017.06.23 2017노247
사기미수
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal (unfair sentencing);

A. The sentence of the lower court (two years of suspended sentence of one year, confiscation) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The judgment of Bohish is a serious crime that undermines the trust in financial transactions, and there is a significant social and economic harm, the defendant shared the commission of the phishing crime to which money is delivered by the injured party, the fact that the injured party attempted to obtain money is not a large amount of money, and there are many kinds of records of punishment for the same fraud crime and the phishing crime, which are disadvantageous to the accused.

However, in full view of all the sentencing conditions shown in the arguments of this case, such as the circumstances favorable to the defendant, the defendant's age, sexual conduct, environment, social ties, etc., such as the fact that the crime of this case was committed in the attempted crime, the defendant seems to be merely the sewage of the criminal organization of Bosing, and the degree of participation in the crime was not excessive, the defendant did not have any profit acquired by the defendant through the crime of this case, the defendant has no record of being punished by the crime of this case, the defendant has no record of being punished by the crime of Bosing in the past, and the defendant did not commit a second offense, and all of the sentencing conditions stated in the arguments of this case, such as the defendant's age, sexual behavior, social ties, etc.,

It does not seem that it does not appear.

Therefore, each of the unfair sentencing arguments of the defendant and the prosecutor is without merit.

3. As such, 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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