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(영문) 서울중앙지방법원 2017.02.02 2016노4886
컴퓨터등사용사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (a prison term of 10 months, confiscation) is too unreasonable.

2. The Defendant appears to have committed the instant crime while experiencing economic difficulties, and is currently recognizing and opposing his mistake.

However, even though the defendant had been punished several times for similar crimes, he/she again committed the crime of this case without being aware of it during the repeated crime period.

The amount of damage is not so much and most of the damage is not recovered.

In full view of all the circumstances, including these circumstances, including the Defendant’s age, sex, family environment, motive and method of committing a crime, and circumstances after committing a crime, in the instant case where there is no change in the conditions of sentencing compared to the first instance court, the first instance sentencing exceeded the reasonable scope of discretion.

It does not seem that it does not appear.

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.

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