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(영문) 서울서부지방법원 2015.05.15 2015노351
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the accused (one year and six months of imprisonment) is too unreasonable;

2. The circumstance favorable to the defendant is that the defendant led to the confession of the crime of this case, and that the defendant's body was somewhat inconvenient due to the physical disability of grade 4.

On the other hand, most of the crimes of this case are circumstances unfavorable to the defendant, such as the fact that the defendant was punished as a punishment for violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Violation of Information and Communications Network Utilization and Information Network Utilization and Information Protection, etc.) and was committed during the period of the suspension of execution, that the victim was up to about 250 persons, and the total amount of damage was up to about 46 million won, and that there was no recovery of damage, and that there was a record that the defendant had been punished several times as a punishment and fine

In addition, the sentencing conditions of the defendant's age, character and conduct, environment, family relationship, motive and circumstance of the crime of this case, and circumstances after the crime of this case are considered in comprehensive consideration of the range of recommended sentencing guidelines established by the Supreme Court sentencing committee, the sentence of the court below is too heavy.

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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