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(영문) 수원지방법원 2015.12.09 2015노5906
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment, confiscation, and return of a victim) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. We examine both the Defendant and prosecutor’s assertion of unfair sentencing.

The defendant is against the truth of the crime of this case, and again, does not commit the same mistake, and there is no record of criminal punishment in the Republic of Korea.

In addition, the defendant seems to have no profit from the crime of this case.

Meanwhile, the crime of this case is a so-called “wishing,” which actually causes damage to an unspecified number of victims, which is difficult to recover in a planned and systematic manner, and its nature is not very good, and the role of so-called “wishing” of the Defendant’s performance is not that of the Defendant’s criminal liability as part essential to the establishment of the crime.

In addition, in full view of the various circumstances where the sentencing conditions indicated in the records, such as the degree of damage caused by the instant Bophishing crime, Defendant’s age, character and conduct, environment, the details and details of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below is deemed appropriate, and it is not deemed that it is too heavy or unreasonable.

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

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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