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(영문) 수원지방법원 2017.07.27 2017노3334
사기미수
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The circumstances that can be considered favorable to the Defendant include: (a) the fact that the Defendant recognized his criminal act; (b) the record of domestically punished is not verifiable; (c) the fact that the instant crime was committed with multiple attempts and did not cause property damage; and (d) the fact that the Defendant does not seem to play the leading role in the instant crime.

However, the so-called “Sishing” crime, such as the instant crime, is not only organized, planned, and intelligent against a large number of unspecified victims, but also needs to severely punish those subordinate participants who play the role of the collection book, the delivery book, and the collection book due to the serious social and economic harm. As such, murdering a victim’s wife.

In full view of all the sentencing conditions in the records of this case, including the fact that the nature of the crime of this case, such as deception, is very poor, the fact that there is no agreement with the victim, the defendant's age, sexual conduct, environment, circumstances leading to the crime, and circumstances after the crime, etc., it is difficult to view the judgment of the court below as unfair because the sentencing of the court below is too unreasonable. The above assertion by the defendant is without merit.

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

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