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(영문) 서울서부지방법원 2016.04.28 2016노70
컴퓨터등사용사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (two years of suspended sentence in October) to the summary of the reasons for appeal is deemed to be undue.

2. The crime of this case in full view of all the circumstances indicated in the arguments and records, such as the fact that the crime of this case is highly likely to cause severe social harm and that the defendant participated in the withdrawal and remittance of the defendant, and the nature of the crime is considerably poor. However, the confession and reflect of the defendant on the other hand, the defendant does not have any previous conviction against the defendant, the defendant appears to have interfered with some judgment power due to Alznz's disease, and the damage caused by the crime of this case was recovered and the defendant agreed smoothly with the victim, the sentence of the court below is appropriate.

The prosecutor's improper argument in sentencing is without merit.

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

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