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(영문) 수원지방법원 2018.08.23 2018노3540
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (one year of imprisonment) on the gist of the grounds of appeal is too unhued and unreasonable.

2. In light of the social harm of the phishing crime and the necessity for punishing the person who participated in the crime, the fact that the damage has not been recovered, the fact that there is no record of punishment in the Republic of Korea, the fact that there is no record of damage amount, and the fact that there is a relatively small amount of damage, and other conditions of sentencing specified in the records and arguments of this case, such as the defendant's age, sexual behavior, environment, family relationship, motive for the crime, method of crime, and circumstances after the crime, the sentence of the court below does not seem to be too unjustifiable and unfair.

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

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