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(영문) 부산지방법원 2015.11.26 2015노3223
컴퓨터등사용사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (one year and four months of imprisonment) is too unreasonable in light of the main sentence conditions of the grounds for appeal.

2. The following facts are favorable to the Defendant: (a) the Defendant recognized all of the instant offenses; (b) the Defendant was unconstitutional by the Constitutional Court on the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, which was originally applied to the Defendant; and (c) the Defendant was punished as habitual larceny under the minor Criminal Act through a retrial.

However, there was a history of having received juvenile protective disposition three times from around 201 to 2012, and on June 18, 201, the Daegu District Court and its branch court rendered probation and probation on the grounds of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and on probation and probation in the Daegu District Court and its branch court, the Defendant committed each of the crimes of this case under several Acts identical to the above judgment from the time when two months have not passed since the above judgment became final and conclusive, and all victims want to be punished, and even after considering the favorable circumstances favorable to the Defendant, there is no change of circumstances that could be considered in the sentencing after the judgment of the court below, and there is no other reason to view the Defendant’s age, character and behavior, growth environment, motive and circumstance of the crime, and circumstances after the crime, etc., it cannot be deemed that the court below’s sentence is too excessive in full view of various circumstances that are the conditions for sentencing as shown in the records and arguments of this case.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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