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(영문) 서울중앙지방법원 2018.04.19 2018노388
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of the grounds for appeal - Summary of the grounds for appeal of this case - The defendant's punishment (two years of imprisonment with prison labor) is too excessive and unfair, and the prosecutor, rather than the above punishment, is deemed to have been unfair due to excessive unhurdness (the prosecutor's argument of misunderstanding the legal principles was withdrawn). 2. Determination of the court below

A. The so-called “Sishing crime” is highly harmful in that it takes place without considering the personal circumstances of the victim.

In addition, there is a need for strict punishment in Korea as the state that the crime has increased as a day and the amount of damage has increased.

B. However, the Defendant’s participation in the instant “Singishing” crime late later, and is in profoundly against the Defendant’s depth.

In addition, there is also a circumstance that one defendant has been receiving treatment for a long time due to mental illness such as shock disorder, bad character personality disorder, and stimulative disorder, and is leading to marriage.

(c)

In light of the aforementioned various circumstances and the Defendant’s age, family relationship, motive and consequence of the crime, degree of participation in the crime, gain amount, and circumstances after the crime, etc., the lower court’s punishment is excessively heavy or excessively harsh.

It does not seem that it does not appear.

3. According to the conclusion, each appeal filed by the defendant and the prosecutor is groundless, 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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