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(영문) 대전지방법원 2016.12.22 2016노3032
사기등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment against the Defendant (one year and six months of imprisonment) is too unreasonable.

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

2. The court below's punishment is too heavy or unreasonable in light of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's environment, motive, means and consequence, the defendant's environment, motive, means and consequence, and the circumstances before and after the crime, etc., which are favorable to the defendant. However, the crime of this case is a case of taking part in the fraud of money through the so-called Bophishing crime, and the crime of this case is not only organized and planned, but also systematic and intelligent, but also causes a large number of victims and members of society to spread up to the nation, make a large number of victims and members of society not only a financial institution, and thereby have a serious adverse effect on society's trust. Thus, the court below's punishment is too heavy or unreasonable. Thus, the defendant and prosecutor's assertion of unfair sentencing is without merit.

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

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