(영문) 수원지방법원 2018.08.29 2018노4046 | 리걸엔진

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(영문) 수원지방법원 2018.08.29 2018노4046

컴퓨터등사용사기등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the defendant has been subject to criminal punishment more than once for the same crime, and the defendant committed each of the crimes of this case in addition, since one month has not passed since he/she was released without being aware of even though he/she was in the period of repeated crime due to the same crime, and the fact that he/she did not agree with the victims is disadvantageous to the defendant.

However, the fact that the defendant recognized his mistake, the amount of damage is relatively small, the victim L's damaged goods have been returned to the above victim, and the fact that the living penalty due to his living conditions has been committed is favorable to the defendant.

In addition, considering the Defendant’s age, sex, environment, motive and circumstance of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too heavy or is not unreasonable because it is too heavy. Therefore, the Defendant and the prosecutor’s assertion are without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. The court below's ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure.

1. Article 70 (1) 3 of the Act on Specialized Credit Financial Business (the use of each lost physical card) of the Act on Specialized Credit Financial Business (the use of each lost physical card) of the pertinent law on criminal facts is clearly written in the name of "Article 70 (1) 3 of the Act on Specialized Credit Financial Business (the use of each lost physical card and each of the use of N and Q card in the name of N and Q)". Thus, it is so decided as per Disposition by the court below for correction.

참조조문

-형사소송규칙 제25조 제1항

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