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(영문) 서울중앙지방법원 2015.06.12 2015노1288
컴퓨터등사용사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., embezzlement of stolen items, fraud by using computers, etc.: Fines 3 million won, victim return, or unlawful uttering of official document: Imprisonment with prison labor for 6 months, confiscation) of the first instance court is too unreasonable;

2. The judgment defendant committed each of the crimes of this case even though he had been punished several times for the same crime, and in particular, the crime of unlawful uttering of official document of this case committed during the period of suspension of execution due to the same crime.

The first instance court has already determined the punishment in consideration of the conditions favorable to the defendant, and there is no special change in the circumstances or circumstances that can be newly considered in sentencing.

In addition, in full view of the defendant's age, character and conduct, environment, circumstances of crimes, details, results, and all the sentencing conditions shown in the records and pleadings, the first instance sentence is too unreasonable.

Defendant’s assertion is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.

However, pursuant to Article 25 of the Regulation on Criminal Procedure, "1. Confiscation" of "Article 48 (1) 1 of the Criminal Act" shall be corrected to "Article 48 (1) 2 of the Criminal Act" in the application of the law of the court of first instance.

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