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(영문) 부산지방법원 2013.12.20 2013노3440
컴퓨터등사용사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment of imprisonment (one year and six months) of the original judgment is too unreasonable.

2. In light of the judgment, the crime of habitual larceny of this case committed by the defendant is an offense falling under Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act, and its statutory punishment is imprisonment with prison labor for life or for not less than three years, and the court below sentenced a sentence of imprisonment with prison labor for a maximum term of one year and six months within the scope of the term of imprisonment with prison labor which has been reduced by discretionary mitigation. Since other legal grounds for mitigation are not recognized, the court below's sentence cannot be sentenced to less than the sentence of the court below, and the defendant's new sentence of suspended sentence is not allowed under the law, and the defendant's assertion without any need to consider other grounds

I would like to say.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition

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