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(영문) 대구지방법원 2017.11.03 2017노3625
사기미수
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and six months of imprisonment, and confiscation) on the gist of the grounds of appeal is too unreasonable.

2. The instant crime is a phishing fraud that obtains money from the victim in a systematic and planned manner, and there is a serious personal and social harm, and it is highly necessary to punish those who participated in the instant crime with strict punishment because it is difficult to cope with it as a general public because the method of receiving the phishing crime is gradually intelligent.

The Defendant planned and entered the Republic of Korea for the purpose of participating in the licensing crime, and actually played an important role in the commission of the licensing crime.

In full view of the aforementioned circumstances and all the conditions of sentencing as shown in the records and arguments of the instant case, including the Defendant’s age, sexual conduct, environment, motive and background of the commission of the crime, and circumstances after the commission of the crime, etc., even if considering the fact that the instant crime was committed and the damage was not realized as a result of the attempted crime, and that the Defendant has no record of criminal punishment, the lower court’s judgment of sentencing exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, since the punishment imposed by the court below is too excessive and it cannot be deemed unfair, the defendant's above assertion 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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