(영문) 대전지방법원 2017.04.20 2017노346 | 리걸엔진

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크기(pt)

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줄 간격

자간(%)

(영문) 대전지방법원 2017.04.20 2017노346

사기등

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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 (one year and six months of imprisonment) is too unreasonable.

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

2. The judgment that the defendant recognized the crime of this case and reflects the mistake, that the defendant was partly involved not in the whole crime, but in part, that the period of participation is not long, that the defendant agreed with some victims in the original trial and the trial, and that the defendant has no record of crime is favorable to the defendant.

On the other hand, the so-called "Sishing" crime, such as the crime of this case, is subdivided and organized by the role of the participants in the crime, and the method of the crime is secret and intelligent, causing economic damage to many victims. In light of the contents and methods of the crime of this case, the crime of this case, the frequency of the crime, the number of victims, and the amount of money acquired, etc., the role of soliciting access media to be used for the criminal defendant's Bosing is essential for the criminal of Bosing, and the degree of participation is somewhat weak.

It can not be said that the defendant could not agree with the remaining victims, and that the defendant could not recover from damage is disadvantageous to the defendant.

In full view of the above circumstances and other conditions of sentencing, including the Defendant’s age, sex, environment, motive for the crime, and circumstances after the crime, the lower court’s sentence against the Defendant is too heavy or is so uncomfortable, and thus, it cannot be deemed unfair. Therefore, the argument that the sentencing of the Defendant and the Prosecutor is unfair 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.

유사 판례

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