(영문) 대구지방법원 2017.12.07 2017노4292 | 리걸엔진

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2017.12.07 2017노4292

사기등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The judgment below held that the crime of this case was committed in a systematic, planned, and intelligent manner against many and unspecified persons, and its social harm is very bad, and the crime of this case is likely to be committed in a very bad manner, and the method of the number of criminal offenses of Bosing is being crypted, and its detection and arrest is not easy. Accordingly, even if considering the fact that the defendant's actual profit is not significant in the organization of the defendant, and it is not easy to detect and arrest it, it is inevitable to strictly punish the defendant; the defendant's access media taking over the crime of this case also requires strict punishment as an essential crime accompanying the criminal act of Bosssphishing fraud; the damage is not recovered; considering the fact that the defendant has led to a confession and depth of all the criminal acts; the amount of the defendant's profit acquired by the criminal act of this case is not considerably high; and there is no record of favorable to the defendant, the above punishment shall be sentenced in consideration of the above circumstances.

In full view of all the sentencing conditions, other than the circumstances considered by the lower court, including the Defendant’s age, sexual conduct, environment, health, background leading to the commission of the crime, degree of participation in the crime, means and consequence, scale of the crime, and circumstances after the crime, etc., the sentence imposed by the lower court appears to be reasonable, and the lower court’s sentencing judgment exceeded the reasonable limit of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair (Supreme Court Decision 2015Do3260 Decided July 23, 2015).

유사 판례

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