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(영문) 수원지방법원 2016.04.08 2016노1028
컴퓨터등사용사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant: The sentence of the lower court (one year and two months of imprisonment) is too unreasonable.

B. Prosecutor: The lower court’s sentence (one year and two months of imprisonment) is too unhued and unreasonable.

2. The most favorable circumstance is that the gains acquired by the crime are not high, and that it is against the depth of the crime.

However, the crime of this case is committed in a systematic and planned manner against many and unspecified persons and requires strict punishment for the victims of serious damage, the degree of participation in the crime is not easy, the victims have not recovered, and the victims have been punished for the defendant, the same criminal record is one time, and the criminal record is one time of violation of the Electronic Financial Transactions Act is disadvantageous.

In addition, comprehensively taking account of the motive and circumstance of the crime, the circumstances after the crime, the defendant's age, sexual conduct, environment, etc. and all the sentencing conditions as shown in the pleadings, it cannot be deemed that the sentence of the court below is too heavy or too uneased and unfair.

3. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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