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(영문) 대구지방법원 2018.11.23 2018노3681
컴퓨터등사용사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence imposed by the lower court on the Defendant (1. Ga. 1 of the criminal facts of the 2018 Highest 1930 Highest 1930 Highest 201 Highest Ga. Ga. 1 of the criminal facts of the 2018 Highest Ga. Ga, 2244 Highest Ga. Ga., 2 of the criminal facts of the 2018 Highest Ga. Ga., 4 months of imprisonment, and 6 months of imprisonment, respectively) is too unreasonable.

2. The fact that the amount of damage is relatively minor, the fact that the living penalty is a criminal, the equity in the case that a judgment was rendered simultaneously with a final judgment in regard to a certain crime should be taken into account, and the defendant will return to the future and live together with his will.

In light of the circumstances favorable to the defendant, such as the fact that there is no correction, and the fact that there is no good character of the crime in light of the method of crime by opening a vehicle in favor of the defendant, cutting off other goods, using this stolen credit card without permission, etc., and the defendant continued to commit the same crime as this case without being punished even after being punished from 2016 to the present time. As such, there is no need to strictly punish the defendant, considering the circumstances unfavorable to the defendant, such as the defendant's age, sexual behavior, environment, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, and other various circumstances shown in the records and arguments of this case, such as the circumstances after the crime, etc., even if considering that the health of the defendant is not good, the sentence imposed on the defendant is appropriate, and the sentencing judgment of the court below exceeded the reasonable limit of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, since the sentence imposed by the court below is too unreasonable, the 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 on the grounds that the appeal is groundless.

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