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(영문) 부산지방법원 2014.04.10 2014노541
컴퓨터등사용사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the court below's punishment (six months of imprisonment) is too unfasible, and the prosecutor is too unfased and unreasonable.

2. On January 22, 2013, there are many criminal records of larceny offenses against the Defendant, and in particular, the Defendant was sentenced to imprisonment with prison labor for four months at night in the Busan District Court on April 2, 2013 and committed the instant crime during the period of probation, and the Defendant did not reach an agreement with the victim or did not recover from damage until the trial.

However, in full view of the following factors: (a) the Defendant appears to have led to the confession of all of the instant crimes and divided his mistake; (b) the Defendant has no previous conviction; (c) the suspended sentence is revoked due to a violation of the code of practice; and (d) the Defendant’s age, character and conduct; (b) the motive, means and methods of the instant crime; and (c) the circumstances after the commission of the crime, etc., the sentence of the lower court is deemed to be adequate.

Therefore, the defendant and prosecutor's argument are without merit.

3. The appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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