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(영문) 대전지방법원 2017.03.15 2016노3575
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal (a two-month imprisonment) of the lower court is too heavy or unreasonable.

Judgment

All of the crimes of this case are recognized by the Defendant and the mistake is against the Defendant, and the part of the attempted crime of this case did not incur any actual monetary damage, and the profit gained by the Defendant appears to be less than the actual amount of damage, etc. is more favorable.

However, as revealed by the court below, the crime of this case is a so-called "Sishing" crime and needs to be eradicated through severe punishment, and the defendant's withdrawal is an essential role in the realization of a Bosing crime. As such, it is not easy to arrest and punish the principal offender who led the crime in the hinterland, and therefore, the degree of the defendant's participation in the crime is light.

It can not be seen, and the fact that the defendant has two criminal records in the same way is disadvantageous.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, background, means and consequence of the crime, etc., there are no special changes in circumstances that make different from the lower court’s sentencing conditions, such as the records of this case as well as the circumstance after the crime, etc., the lower court’s punishment is too heavy or unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that each appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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