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(영문) 서울남부지방법원 2019.01.08 2018노1571
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The fact that the defendant's mistake appears to be against his/her own fault, and that the investigation agency has reached an agreement with the victim is favorable to the defendant.

However, the crime of this case is committed in light of the fact that the victim's personal information, etc. is stolen by taking advantage of the victim's passbook, etc. and withdrawal of a large amount of money or amount of money by instead of bank services of the victim who is an elderly older than ordinary people, and the victim's personal information, etc., the crime of this case is committed. However, although the victim was agreed with the victim, the damage amount was paid only 5 million won out of the damage amount, and the defendant was punished by a fine for 11 times, including occupational embezzlement, etc., the crime of occupational embezzlement, etc., the defendant is punished by a fine. The court below already considered the above circumstances favorable to the defendant, and it appears that the court below determined the punishment by taking account of all the circumstances favorable to the defendant, and there is no reason to reduce the punishment differently, and considering various sentencing conditions of the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, the above defendant's assertion is not justified.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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