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(영문) 수원지방법원 2015.07.16 2014노7386
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, two years of probation, and one hundred and sixty hours of community service) of the lower court is deemed to be too unhued and unreasonable;

2. In the instant case, it is true that the Defendant committed a crime for about one year against many unspecified persons in cyber space, and further transferred the means of access to his/her nameless persons, in light of the method and frequency of the crime, the degree of damage, etc., it is true that the Defendant’s liability for the crime was significantly serious.

However, in full view of the following facts: (a) the Defendant committed the instant crime in depth and did not repeat again; (b) appears to have made efforts to recover victims from damage by agreement with some victims and deposit the damaged funds for a considerable number of victims; (c) the primary offender without any criminal records; and (d) other sentencing conditions specified in the instant argument, including the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of the instant crime, the lower court’s punishment is too uneasible and thus, is deemed unreasonable. Therefore, the Prosecutor’s above assertion is rejected.

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

[However, in accordance with Article 25(1) of the Rules on Criminal Procedure, the phrase “as described in the Schedule of Crimes” is added in front of the second page “52 times” of the judgment of the court below, and the phrase “X, BI and F” is added after the third page “W”, and the phrase “victims” in the third page “Y, Z, AA, AB, AB, AC, AD, AE, AE, AF, AH, AH, AH, AJ, AJ, AJ, AJ, AK, AK, AL, AM, AM, N, AP, AP, BJ, B, ATR, AS, ATS, ATS, AV, AV, AW, AY, Az, B, B, B, B, B, B, B, B, ES, BM, IM, and IM ex officio.”

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