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(영문) 대전지방법원 2016.07.14 2016노518
사기
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing): The sentence of each court below (defendant A: one year and six months of imprisonment; two years of a suspended sentence; two years of a community service order; three years of a suspended sentence; three years of a suspended sentence; the observation of protection; 40 hours of a community service order; Defendant C: one year and four months of a suspended sentence; two years of a suspended sentence; two years of a suspended sentence; the observation of protection; 40 hours of a community service order; Defendant D: two years and six months of a suspended sentence; three years of a suspended sentence; the observation of protection; and 40 hours of a community service order) are deemed to be too unafed and unfair.

2. The so-called phishing crime, such as the instant case, is a crime against many and unspecified persons, and the crime was committed against them, with a strong social impulse, and the damage was not recovered, and in the case of Defendant B and D, the period of their participation is shorter.

However, in light of the fact that the Defendants are committing the instant crime, the Defendants seems to be in violation of the actual benefit amount, and the Defendants appear to have no criminal history in the case of Defendant A and C, Defendant B and D, as well as efforts to lead a normal social life after the commission of the crime, there are favorable circumstances for the Defendants, such as the Defendants’ age, sexual conduct, environment, motive, means and consequence, and all other sentencing conditions, including the Defendants’ age, sexual behavior, environment, motive, means and consequence, it is not recognized that the sentence of the lower court is too unjustifiable and unfair.

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

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