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(영문) 서울북부지방법원 2019.11.29 2019노1330
컴퓨터등사용사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court against the Defendant is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the judgment of the first instance court on the grounds of appeal, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The fact that the Defendant recognized all crimes and reflects on all of the crimes, the fact that the lower court agreed with seven victims, the fact that the Defendant ought to consider the equity between the case to be tried simultaneously with the case on which a judgment became final and conclusive, etc.

However, this is all the circumstances that were presented and considered in the original trial.

Although the Defendant expressed his intent that the victimO would not want the Defendant’s punishment by mutual agreement with the victimO during the trial, considering the entire amount of damage, frequency of crimes, method of crime, etc. of the instant case, it is difficult to deem that there was a change in the conditions of sentencing on the basis thereof.

Defendant has been subject to criminal punishment several times due to the same crime, and committed each of the crimes of this case during the period of repeated crime.

The judgment below

There is no new circumstance to consider the sentencing after the sentence, and taking into account all the conditions of sentencing as shown in the arguments, such as the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

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