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(영문) 서울서부지방법원 2016.09.01 2016노646
컴퓨터등사용사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The judgment of the court below on the gist of both grounds of appeal is unfair.

2. The lower court appears to have determined the sentence, taking into account all the following circumstances, and there is no change in circumstances in the judgment.

In addition, considering various sentencing conditions shown in the records and pleadings, such as the background and means of the crime, the circumstances after the crime, the defendant's career, character and conduct, environment, etc., the lower court's punishment is deemed appropriate and it cannot be deemed unreasonable to the extent that the lower judgment should be reversed

The defendant has no criminal history of the same kind, has paid part of the amount of damage, and has violated his/her mistake.

However, the so-called Bophishing crime, such as this case, is inevitable to do so through strict punishment due to a very great social harm.

The scale of damage caused by the instant crime is also significant.

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

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