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(영문) 서울북부지방법원 2016.08.11 2016노1053

컴퓨터등사용사기방조등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (eight months of imprisonment) is too unreasonable as the gist of the grounds for appeal is too unreasonable.

2. Although there are circumstances that may be considered in light of the circumstances, such as the fact that the defendant was aware of each of the crimes in this case, and that the defendant agreed with the victim C, there are no special circumstances to change the punishment in the first instance trial.

On the other hand, the criminal defendant's participation in the criminal act committed Bosishing crime causes in a systematic, planned, intelligent, and unspecified number of unspecified people to inflict a serious adverse effect on the trust relationship of the society as a whole, and did not agree with the victims other than the above victims. The defendant was sentenced to two years of suspended sentence on July 27, 2013 due to the violation of the Punishment of Tax Evaders Act, and the above judgment became final and conclusive on July 27, 2013, and committed each of the crimes in this case during the period of suspended sentence, and other various circumstances that form the conditions of sentencing as shown in the records and arguments, such as the defendant's age, sex, environment, motive and circumstance of the crime, means, and consequence after the crime, etc., are determined within a reasonable and appropriate scope, and it is not determined that the sentencing of the court below is unfair because it is excessively determined within the reasonable and reasonable scope.

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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