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(영문) 수원지방법원 2016.01.27 2015노7164
사기등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (Defendant A: imprisonment with prison labor for one year, confiscation, return of the victim, Defendant B: imprisonment with prison labor for ten months, and confiscation) declared by the court below is too unreasonable.

B. Each sentence of the court below rendered by the prosecutor is too uneasible and unfair.

2. Determination

A. We also examine the unfair sentencing argument of Defendant A and the prosecutor in each part of Defendant A and the prosecutor.

Defendant

A recognizes the crime of this case and is against the truth, and there has been no record of criminal punishment until now.

In addition, the defendant A does not commit the same mistake again, and the family members of the above defendant also want to take the action while promising the guidance of the above defendant.

Meanwhile, Defendant A committed the instant crime, such as preventing the so-called “Sishing” crime, which actually causes damage to an unspecified number of victims in a planned and systematic manner, and keeping access media for electronic financial transactions for the said crime, is not very good, and the role of the so-called “measures to withdraw” of the so-called “Sishing,” which the said Defendant performed, is not easy to commit the said crime as an essential part for the establishment of the said crime.

In addition, the damage of the victim F due to the crime of this case was not completely recovered to the extent of the damage, and there is no evidence to prove that the above defendant made a serious effort to recover the damage of the above victim.

In addition, comprehensively taking into account the various circumstances in which the sentencing conditions indicated in the records, such as Defendant A’s age, sexual conduct, environment, details and contents of the crime, and circumstances after the crime, etc., it is not recognized that the sentence imposed by the court below is deemed appropriate, too heavy, or is too excessive and unfair.

Therefore, the above argument by the defendant A and the prosecutor is without merit.

B. We examine both Defendant B and the Prosecutor’s each of the wrongful arguments in sentencing.

Defendant .

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