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(영문) 수원지방법원 2016.08.12 2016노3774
컴퓨터등사용사기방조등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

Summary of Reasons for appeal

A. Defendant: The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. Prosecutor: The lower court’s sentence is too unhued and unreasonable.

Judgment

The fact that the gains acquired through the crime are not many, and that there is no criminal record exceeding the fine, it is more favorable.

However, in light of the criminal records, it seems that the principal offender could have been aware of the crime committed in a relatively concrete manner in light of the fact that he/she could have committed the crime in a systematic and systematic manner against many and unspecified persons, and that the victims could be punished for the defendant.

In addition, comprehensively taking account of the motive and background of the crime, the circumstances after the crime, the defendant's age, sexual conduct, environment, etc., and all the sentencing conditions indicated in the previous theories, it cannot be deemed that the lower court's punishment is too excessive or too heavy and unfair.

3. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Provided, That since it is apparent that the part of the application of the law of the court below was omitted “1. Selection of punishment and each decision of imprisonment”, it is corrected to add it ex officio in accordance with Article 25(1) of the Rules on

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