(영문) 수원지방법원 2017.10.16 2017노5273 | 리걸엔진

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(영문) 수원지방법원 2017.10.16 2017노5273

공전자기록등불실기재등

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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 against the Defendant (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence imposed by the lower court against the Defendant is too uneasible and unreasonable.

2. Each of the instant crimes committed by the Defendant, in collusion with others, establishes nine so-called so-called so-called "ageing company" companies in the form of not operating them actually, and opened a large number of accounts in the name of these old companies and distributed a large number of passbooks and cash cards, and is not likely to be committed in light of the content and result of the crime, social harm following the transfer of access media, etc.

In addition, even though the defendant was punished twice for the same crime, it is highly likely that the defendant might be subject to criticism by committing each of the crimes of this case without being involved.

On the other hand, however, the defendant shows his attitude to reflect on his mistake, and the defendant alone does not seem to have participated in each of the crimes in this case.

In addition, the defendant does not seem to have much profits from each of the crimes in this case.

Considering the circumstances unfavorable or favorable to the defendant as above, the circumstances after the crime, the age of the defendant, sexual conduct, environment, and all other conditions of sentencing as shown in the argument of this case, the punishment imposed by the court below against the defendant does not seem to be too heavy or unreasonable since the punishment imposed by the court below is within the proper scope of sentencing discretion, and thus, each of the above arguments by the defendant and the prosecutor are without merit.

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

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