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(영문) 대전지방법원 2016.03.16 2015노4115
컴퓨터등사용사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (a two-year imprisonment) of the lower court’s punishment (a two-year imprisonment) is too heavy or unreasonable.

2. We also examine the grounds for appeal by the Defendant and the Prosecutor relating to each unfair sentencing.

The Defendant, without having knowledge of the overall plan or structure of the instant crime, was merely a subordinate member of the instant crime, who followed the direction of the principal offender, and the profit gained by the instant crime is smaller than the actual amount of damage.

In addition, it is recognized that there are circumstances to consider such as both the defendant and the defendant committed the crime of this case, and endeavored to recover from damage, such as making an agreement with some victims.

However, given the characteristics of the instant crime, which constitutes the so-called “Ssinging” crime, such crime causes serious harm not only to individuals of victims, but also to our society as a whole, and is causing damage to unspecified victims in a planned and systematic manner, and its nature is very bad.

In fact, the amount of damage suffered by the victims due to the crime of this case is not small, and the defendant does not have the degree of participation in the whole crime by delivering the bankbook necessary for the occurrence of the above damage and taking the role of cash withdrawal.

shall not be deemed to exist.

In full view of the above circumstances and other circumstances after the instant crime, including the Defendant’s age, sexual conduct, environment, family relationship, and motive for committing the instant crime, and all the circumstances that are the conditions for sentencing specified in the pleadings of the instant case, there is no change in the circumstances where the lower court and the sentence are different, it does not seem that the lower court’s punishment is too heavy or unreasonable.

3. As such, each of the unlawful arguments in sentencing between the defendant and the prosecutor is without merit, and each of the appeals by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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