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(영문) 서울남부지방법원 2013.05.31 2013노545
컴퓨터등사용사기등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (six months of imprisonment) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. The fact that the amount of damage has not been assessed and that the damage has not been recovered is disadvantageous to the defendant.

However, around January 29, 199, the fact that the defendant was sentenced to one year of imprisonment by the Seoul Central District Court as the crime of embezzlement of stolen objects, there is no specific record of punishment, the defendant is in depth against the defendant, and the fact that the defendant was causing contingent crimes while living together with the victim is favorable to the defendant.

In addition, comprehensively taking account of various circumstances, such as the background, means and methods of the instant crime, the circumstances after the instant crime, the Defendant’s age and happiness environment, etc., as indicated in the records and pleadings, the sentence imposed by the lower court is too minor or unreasonable.

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

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