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(영문) 서울중앙지방법원 2016.07.07 2016노1539
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneasible and unreasonable.

2. We examine both the judgment and the prosecutor’s arguments.

The crime of this case is a so-called " Bosing," which is organized, planned, and intelligent, and is not good in the nature of the crime, and the damage therefrom is broad, and the defendant played an essential role in the crime of this case as a incentive to take charge of deception by posting local telephones in China. The fact that the extent of damage to the crime of this case is small is unfavorable to the defendant.

On the other hand, comprehensively taking account of the following: (a) the fact that the defendant recognized the mistake and reflects the defendant; (b) there is no history of criminal punishment for the same kind of crime; (c) there is no special circumstance or change of circumstances that may be newly considered in the sentencing after the judgment of the court below was rendered; and (d) the defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; and (c) all of the sentencing conditions as indicated in the records and theories on the change of circumstances, such as the circumstances after the crime, etc., the sentencing of the court below is too heavy

3. According to the conclusion, each appeal filed by the defendant and the prosecutor is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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