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(영문) 서울북부지방법원 2020.04.10 2019노2317
컴퓨터등사용사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015. (See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Circumstances favorable to the defendant (the fact that the defendant recognizes each of the crimes in this case and reflects the victim's efforts), unfavorable circumstances (the defendant committed several theft crimes in a planned manner, and repeatedly purchased game money through the use of stolen mobile phone small payment services in a short period. The nature of the crime is very poor and potential; the majority of the victims are the number of victims, the number of victims are the number of victims, and the amount of damage is not significant; there are no circumstances to deem the defendant made efforts to recover damage; even if the victim was returned a considerable amount of damage due to his/her efforts by W or settlement agency, it cannot be deemed that the victim was recovered from damage due to his/her efforts, and it cannot be readily concluded that the victim was injured due to the victim's personality and conduct during the crime in this case; and the circumstances leading up to the sentencing period of each of the crime in this case.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so ordered.

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