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(영문) 인천지방법원 2016.11.16 2016노2777
컴퓨터등사용사기등
Text

The defendant's appeal is dismissed.

The defendant shall pay 200,000 won to the applicant for compensation.

The above compensation order shall be.

Reasons

1. The gist of the reasons for appeal is that the original court’s punishment (one year and two months of imprisonment, and confiscation) is too unreasonable.

2. Although there are circumstances that may be considered in light of the circumstances such as the defendant's erroneous recognition of his/her mistake, the fact that the stolen goods were partially returned to the victims, and that some victims agreed to do so, there are many times of punishment for the same kind of crime, and repeated crimes against many unspecified victims without being aware of it even though they were under the same probation period, there is no special change in circumstances after the sentence of the judgment of the court below, and all the sentencing conditions in the records and arguments of this case, including the defendant's age, character, conduct, occupation and environment, motive and background of the crime, circumstances after the crime, etc., are considered, the sentence of the court below is too unreasonable even if considering the favorable circumstances of the defendant as seen earlier.

Therefore, we cannot accept the defendant's above assertion.

3. In conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the ground that there is no reason to appeal, and since an application for a compensation order filed at the appellate court is well-grounded, the court below ordered the defendant to compensate for 200,000 won by deceit to the applicant for compensation order pursuant to Articles 25 (1) 1 and 31 (1) of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc., and ordered the defendant to attach a provisional execution to the above compensation

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