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(영문) 수원지방법원 2016.04.15 2016노1146
사기미수
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 (eight months of imprisonment) is too unreasonable.

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

2. The judgment has no record of punishment in Korea, and the recognition of the crime of this case is against the defendant, and the crime of this case is committed against the attempted crime, etc. is favorable to the defendant.

On the other hand, the crime of Bosishing, in which the Defendant participated, is disadvantageous to the following: (a) the method of committing the crime is organized, planned, intelligent, intelligent, and undiscriminatory and serious damage to many and unspecified persons; (b) the trust relationship in the overall society has a serious adverse effect on society; and (c) the fact that the Defendant did not receive a letter from the victimized person.

In full view of the aforementioned various sentencing conditions in the instant case, including the Defendant’s age, sexual conduct, motive for the instant crime, and circumstances after the commission of the crime, the lower court’s punishment is too heavy or unreasonable.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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