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(영문) 대구지방법원 2019.04.30 2019노739
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (ten months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. We also examine the judgment and prosecutor’s allegation of unreasonable sentencing.

The crime is not good because the defendant who is responsible for protecting the personal information of the customer while engaging in the mobile phone sales business has caused the victims to bear the additional cost of the device by forging and using the application for subscription to the mobile phone using the customer's information.

There are many victims who did not agree, and in addition, after the decision of the court below was rendered, they did not make a repayment to the victims or agreed with the victims.

These points are disadvantageous to the defendant.

On the other hand, each of the crimes of this case is recognized by the defendant and against himself.

When the defendant was punished four times for the same crime, it was committed at the same time as each of the crimes of this case, and could have been tried together with this case, and it is the only criminal record that the defendant was punished once for a violation of the Punishment of homeland Reserve Forces Act.

Although the defendant did not reach an agreement, there is also the victims who have partially repaid the amount of damage.

These points are favorable to the defendant.

In addition, in full view of the Defendant’s age, character and conduct, environment, health conditions, circumstances after the commission of the crime, and all the conditions of sentencing as shown in the instant records and pleadings, there is no circumstance that the sentence imposed by the lower court is deemed to have exceeded the reasonable bounds of discretion or to have been unfair to maintain the sentencing judgment of the lower court.

Therefore, since the sentence imposed by the court below is too heavy or unreasonable, the defendant and the prosecutor's argument of unreasonable sentencing are all justified.

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