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(영문) 인천지방법원 2016.06.30 2016노1255
사기방조등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. It is recognized that: (a) the Defendant led to the crime of aiding and abetting fraud in the trial of the party and reflects the mistake; (b) the degree of the Defendant’s participation in the crime is relatively minor; (c) there is no criminal record of the same kind; and (d) the crime of this case is in a concurrent relationship with the crime of violating the Punishment of Violences, etc. Act (a violation of collective weapon, etc.) which became final and conclusive on January 26, 2016 and the latter part of Article 37 of the Criminal Act; and (b) there

However, the crime of this case is not likely to commit the crime by transferring physical card, etc. to a person suspected of being a phishing organization, and aiding and abetting the crime of fraud. The defendant was sentenced to robbery on February 2, 2012 by imprisonment with prison labor for three years and six months and completed the execution of the punishment, and was released from prison despite a repeated crime, and again committed a crime only for several months during the repeated crime period. In full view of all other circumstances, the defendant's age, sexual conduct, motive, means and consequence of the crime of this case, and circumstances after the crime, etc., it cannot be deemed unfair since the court below's punishment is too excessive.

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

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