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(영문) 수원지방법원 2015.10.07 2015노3505
컴퓨터등사용사기
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for eight months, for six months, for six months, and for four months, for Defendant C.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor (Defendant A: Imprisonment with prison labor for six months, one year of suspended execution, confiscation, and Defendant B: imprisonment for four months, one year of suspended execution, one year of suspended execution, confiscation, and confiscation of Defendant C: fine of two million won and fine of two million won) imposed by the lower court is too unfasible and unfair.

B. The above sentence imposed by Defendant B and C is too unreasonable.

2. We examine both the judgment prosecutor and the defendant B, and C’s assertion of unfair sentencing.

There are favorable circumstances, such as the fact that the Defendants showed an attitude to recognize and reflect their mistakes, and that the Defendants B and C have agreed with the victims.

However, the crime of this case is a crime of so-called "Sing," and the crime of this case is organized, planned, intelligent, and intelligent, and has a serious adverse effect on society as a whole by massing many unspecified victims, and thus, its nature is extremely poor, and the defendants act as a cash withdrawal method in the crime of Bosing. The role of the defendants is not less than that of the above crime, and the defendant A and B are closely contacted with the total amount of withdrawal in China in the course of the crime of this case and bring other defendants to withdrawal. In full view of all other circumstances that are the sentencing conditions in the records, including the defendants' age, character, character, environment, details and contents of the crime, circumstances after the crime, etc., the punishment imposed by the court below is deemed to be unfair, and the prosecutor's above assertion has merit.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows.

(A) The appeal filed by the defendant B and C is without merit and thus dismissed pursuant to Article 364(4) of the Criminal Procedure Act. However, as long as the appeal filed by the prosecutor is accepted and the judgment of the court below is reversed, the judgment of the court below shall not be dismissed separately from the disposition of the court below).

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