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(영문) 부산지방법원 2016.05.20 2015노4548
컴퓨터등사용사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (three months of imprisonment) is too unhued and unreasonable.

2. The judgment of the court below is against the defendant's mistake, and the defendant was sentenced on July 23, 2015 to 2 years and 6 months in Busan District Court's Dong Branch's imprisonment with prison labor on November 13, 2015 due to the use of computers, etc. on computers, etc. In this case, a sentence should be imposed in consideration of equity in the case where the judgment is rendered simultaneously with the use of the aforementioned computers, etc., and all other matters concerning the sentencing on the records and changes of the records of this case are considered to be too unjustifiable, and thus, the prosecutor's assertion 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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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