(영문) 인천지방법원 2017.11.03 2017노3013 | 리걸엔진

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Reasons

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크기(pt)

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자간(%)

(영문) 인천지방법원 2017.11.03 2017노3013

사기방조

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The circumstances are favorable for the following: (a) the Defendant appears to reflect the Defendant’s recognition of his/her criminal act; (b) the degree of participation in the criminal act is limited to aiding and abetting; (c) there is no record of punishment prior to the instant case; and (d) the mother’s father and his/her sibling are leading while leading the Defendant’s wife.

On the other hand, the crime of this case is unfair in view of the following: (a) the crime of this case was committed with severe social harm; (b) the degree of participation is required to prevent and severe punishment; (c) the victim suffered significant damage from the crime of this case 300 million won; (d) the defendant appears to have obtained profit from the crime of this case; (e) the damage was not recovered; (e) the victim did not agree with the victim; and (e) the defendant was not guilty of transferring the access media essential for the crime of phishing fraud; and (e) the defendant took part in the crime of this case without due care, despite the fact that he had been subject to the suspension of indictment, even though he had the power of being sentenced

In addition, in full view of other circumstances that form the elements of sentencing as shown in the records and pleadings of this case, such as the Defendant’s age, occupation, sex, sex, environment, family relationship, motive and background of the crime, means and method of the crime, and the circumstances before and after the crime, etc., the lower court’s sentence is too heavy or unreasonable, and thus, the allegation of unfair sentencing by the Defendant and the prosecutor is rejected.

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

유사 판례

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