컴퓨터등사용사기등
The defendant's appeal is dismissed.
An applicant for compensation shall be dismissed.
1. The decision of the court below against the defendant on the summary of the grounds for appeal (the imprisonment of one and half years, confiscation, and compensation order against the applicant C) is too unreasonable.
2. The lower court’s sentencing is appropriate in light of various circumstances known by the record, and it abused its discretion or deviates from its discretionary power.
There is no circumstance to consider.
There is no change in circumstances that the court below could change the punishment set against the defendant for the first time in the first instance.
Therefore, the defendant's assertion is without merit.
3. According to the records of the judgment on the application for compensation by the applicant for compensation, it is acknowledged that the applicant for compensation filed at the court below (2017 early 958) an application for compensation, but filed an application for compensation with the same purport that only the claim amount was reduced again in the court below even though the above application was rejected at the court below, and Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings provides that the applicant cannot appeal against the judgment dismissing the application for compensation, and cannot file the same application for compensation again. Thus, the above application by the applicant for compensation is not in accord with the law.
4. In conclusion, since the defendant's appeal is without merit, all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and since the application for compensation by the applicant for compensation is unlawful, it is so decided as per Disposition by the assent of all participating Justices under Article 32 (4) and Article 32 (1) 1 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.