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(영문) 대전지방법원 2016.09.29 2016노1682
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (ten months of imprisonment) is too unreasonable.

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

2. The so-called phishing crime, such as this case’s case’s holding that both of them are unfair in sentencing, is an offense against many and unspecified persons, and the nature of the offense is light due to the high social impulse, and thus, the Defendant needs to be punished with strict punishment.

However, in full view of all the sentencing conditions, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime, the sentence of the court below is too weak or unreasonable, in light of the following: (a) the Defendant was committed in the instant crime; (b) the amount of damage was relatively small to KRW 9.80,000; (c) the Defendant agreed with the victim at the time of the trial; and (d) the Defendant did not have any criminal history in the Republic of Korea; and (c) there was a favorable circumstance for

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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