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(영문) 청주지방법원 2015.10.23 2015노489
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment for a period of ten-month probation, probation, and community service for one hundred and twenty-hours) declared by the court below is too uneasy and unreasonable.

2. The crime of this case was committed by the Defendant by putting 30,939,000 won in cash in a cash automatic machine managed by AFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF, and then thefted 2,93,000,000 won in cash over 11 times, and by transferring 35,60,000 won from the account under the name of CFFF, the victim E, G, and J to obtain pecuniary benefits equivalent to the above money, and by deceiving the victim E, G, and J, by deceiving each of the above victims (E: 7.4 million won, 6 million won, and 6.30,000 won, and 6.30,000 won).

In addition, the defendant has not yet reached an agreement with the victim E, G, and J, and has not taken measures to recover the damage of the victims.

In addition, considering the fact that the defendant has been punished five times by a fine including the same criminal record before the crime of this case, it is necessary to punish the defendant strictly.

However, from the time of the first investigation, the defendant is showing a view that all of the crimes of this case were committed, and his mistake is divided.

Moreover, before filing the instant prosecution, the Defendant agreed with C, a substantial victim of the instant theft and computer-use fraud crime, and C filed a written application for a prior action against the Defendant at the lower court.

In addition, the lower court comprehensively takes account of the following circumstances: (a) the Defendant has no record of being sentenced to the punishment heavier than that of the suspended sentence before committing the instant crime; (b) the Defendant’s age, character and conduct, intelligence and environment; (c) relationship to the victims; (d) motive, means and consequence of the instant crime; and (d)

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