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(영문) 인천지방법원 2015.11.20 2015노3394
컴퓨터등사용사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (one year and two months, confiscation) is too heavy or (the defendant) and it is unreasonable to inspect it;

2. In full view of the favorable circumstances such as the Defendant’s confession and reflect on the instant crime, the first offender, etc.; while the instant crime is a telecommunications-based financial fraud which is called a planned and organized act against many unspecified persons; it is not easy to detect a criminal organization; it is highly likely that there is considerable social harm by massing a large number of victims; it is necessary to punish victims with severe economic suffering; it is disadvantageous circumstances such as the fact that the amount of defraudation is not large and the damage to the victim is recovered or is not agreed with the victim; and other various sentencing conditions that are shown in the records and arguments, such as the Defendant’s age and behavior environment; and the circumstances before and after the instant crime, etc., the punishment imposed by the lower court against the Defendant is too heavy or less.

3. In conclusion, the appeal filed 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. It is so decided as per Disposition.

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