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(영문) 수원지방법원 2018.10.11 2018노4864
절도
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant’s mistake is against himself and the circumstances leading the Defendant committed the instant crime, the sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The defendant and the prosecutor's arguments are examined as well;

The fact that the defendant recognized his mistake and reflecteds, and that the defendant has no record of punishment in the Republic of Korea is favorable to the defendant.

However, the crime of this case was committed by the defendant as a liability for collecting cash of the phishing fraud, and the nature of the crime was serious, and the amount of damage caused by the crime of this case was increased by 45 million won in total, and did not recover from the damage was disadvantageous to the defendant.

In full view of the above circumstances and other conditions of sentencing, including the Defendant’s age, sexual conduct, environment, method of crime, and circumstances after the crime, etc., the sentence imposed by the court below is judged to be appropriate, and it cannot be deemed unfair because it is too heavy or too low. Thus, the argument that the Defendant and the prosecutor’s improper sentencing are all groundless.

3. The appeal of this case 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.

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