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(영문) 수원지방법원 2018.05.24 2018노2089
사기등
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below on the Defendants (one year of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the Defendants is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no change in the conditions of sentencing compared with the lower court’s failure to submit new data on sentencing at the trial, and the circumstances in which the Defendants or the prosecutor alleged for unfair reasons for sentencing are already considered to have been reflected in the sentencing grounds of the lower court. The crime of phishing fraud seems to have been committed against the victims vulnerable to the systematic, planned, intelligent, and social conditions, and the nature of the crime is poor. In order to eradicate the crime, there is no need for subordinate officials to strictly punish the Defendants for the purpose of eradicating the crime, while the Defendants appear to have committed a crime against the victim, and there is no such attitude as the victim and the Defendants have agreed on the motive or extent of the criminal sentencing in light of the aforementioned circumstances.

Therefore, the defendants and prosecutor's arguments are without merit.

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

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