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(영문) 수원지방법원 2016.08.12 2016노1018 (1)
컴퓨터등사용사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (ten months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) on the summary of the grounds of appeal is deemed too unjustifiable.

2. The crime of “singishing” committed by the Defendant in which the judgment was made is an unfavorable circumstance against the Defendant, on the following grounds: (a) the method of committing the crime is organized, planned, intelligent, and so on; (b) the multiple and unspecified persons are inflicting a non-discriminatory and serious injury; and (c) the overall trust relationship of the society significantly affects

However, the Defendant did not have any previous offense except for the suspension of indictment due to the violation of the Electronic Financial Transactions Act, and there is no previous offense, the recognition of and reflects the instant crime, the fact that the money acquired by deception was returned to the victim, and other various sentencing conditions, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, degree of damage, and circumstances after the crime, shall not be deemed unfair because the sentence imposed by the lower court is too unfeasible.

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

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