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(영문) 의정부지방법원 2016.04.05 2016노501
컴퓨터등사용사기방조
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (eight months of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the defendant led to confession and reflects the crime of this case, the defendant's actual gains acquired by the crime of this case are not much high, and the defendant has no record of the same crime.

B. However, the instant Bosing crime is organized by many people in advance, sharing their roles, and then sharing them, which has great harm to society, and the Defendant took part in the instant crime as a liability to withdraw cash. In light of its role, the degree of participation is somewhat minor.

Comprehensively taking account of the various circumstances that form the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, details of the crime, and circumstances after the crime, the lower court’s punishment is too unreasonable, even if considering the aforementioned circumstances favorable to the Defendant, even if it is considered as favorable to the Defendant, is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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

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