특수절도등
The defendant's appeal is dismissed.
The defendant shall pay 150,000 won to the applicant for compensation by deceit.
The above order shall be.
1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. There are favorable circumstances, such as the fact that the defendant recognized all of the crimes of this case and appears to be in opposition, and that the defendant seems to have led to the crime of this case due to economic difficulties.
However, in full view of the various circumstances, including the Defendant’s age, character and behavior, environment, details and contents of the crime, and circumstances after the crime, etc., the sentence of this case and the sentencing conditions indicated in the records and arguments of this case is too unreasonable, considering the following: (a) the Defendant, together with C, stolen the money by deceiving the Defendant, which belongs to the Internet as if it were sold, and acquired the money; (b) the nature of the crime was bad; (c) the Defendant was punished several times due to fraud and larceny; and (d) the Defendant committed each of the crimes of this case when he was sentenced to a punishment, even though he had the history of serving the sentence; and (c) the victims did not take any special measures to recover damage.
Therefore, the defendant's above assertion is without merit.
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, and the application for a remedy order filed in the trial room is with merit. Thus, under Articles 25 (1) 1 and 31 (1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, the defendant shall be ordered to pay 150,000 won by deceit to the applicant for compensation, but a provisional execution sentence is attached to the above compensation order pursuant to Article 31 (3)