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(영문) 서울중앙지방법원 2015.07.16 2015노1826

컴퓨터등사용사기등

Text

Defendant

All appeals filed by B, C, D, and Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B (in fact-finding, misunderstanding of legal principles, and unreasonable sentencing) did not participate in the “transfer” where the ownership or right to dispose of means of access is definitely transferred, but did not participate to the extent that he/she is liable to bear the liability of joint principal offenders.

It is necessary to return the mobile phone period confiscated by the court below to the family members of the defendant as long as it has already been obtained data necessary for investigation.

In addition, the sentence of the court below (two years of suspended execution and confiscation in six months of imprisonment) is too unreasonable.

B. The sentence of the lower court (one year of imprisonment and confiscation) against Defendant C (unfair punishment) is too unreasonable.

C. The sentence of the lower court (two years of suspended sentence for six months of imprisonment, one million won of fine, and one confiscation) is too unreasonable.

C. In light of the various circumstances of the inspection (unfair form of punishment), the sentence imposed by the lower court on the Defendants is too unfilled and unreasonable.

2. Determination

A. Defendant B filed a petition of appeal on May 1, 2015, and received the notification of the receipt of the trial record on May 20, 2015, Defendant B did not submit the grounds of appeal within the submission period for legitimate grounds of appeal.

The grounds for ex officio investigation can not be found even after examining ex officio the grounds for appeal asserted after the deadline for submission of the grounds for appeal expires.

Therefore, in accordance with Article 361-4(1) of the Criminal Procedure Act, a decision to dismiss an appeal by a defendant should be made, but as long as a judgment is rendered on the appeal by other defendants and the prosecutor's appeal, a decision to dismiss an appeal shall not be made separately,

B. Defendants 3, D, and prosecutor’s grounds for appeal on unreasonable sentencing are both domestic first offenders.

In particular, Defendant B is an adult person at the time of committing the instant crime, and Defendant D is a juvenile.

Defendant

B, D is not so much the number or frequency of the means of access to a transaction, but its direct profits.