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(영문) 전주지방법원 2016.12.23 2016노1396
컴퓨터등사용사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. The following are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime and reflects the mistake; (b) the amount of damage for each individual crime is not a large amount; and (c) the fact that a part of the damage was seized and thus the victim was temporarily returned.

On the other hand, the crime of this case is an unfavorable circumstance to the defendant, such as the following: (a) the crime of this case is a case in which cash, etc. equivalent to KRW 7,420,000 is embezzled or stolen from the convenience store where the defendant works for the defendant; (b) the defendant has already been subject to criminal punishment of fines twice due to the same crime; and (c) on December 4, 2012, the High Military Court for the Ministry of National Defense sentenced eight months of imprisonment with prison labor for a crime of escaping military duties in the military service at the High Military Court for the Ministry of National Defense on October 9, 2013, which committed the crime of this case again during the period of repeated crime after the parole period expired; (d) the victims did not reach an agreement

In full view of the above circumstances and other circumstances, the Defendant’s age, character and conduct, environment, etc. as well as the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, among the facts of the judgment of the court below, the term "afford" in Part 14 of the second part of the crime of the court below is "Embezzlement", "afford" in Part 18 "in February 29, 2016" means "68, 129 of the evidence records of February 17, 2016", and "afford as described in paragraph 1-b above" in Part 20 means "afford as described in the above paragraph 1-B" by the police. "Af for the defendant of the above case," one of the three cards filled at H convenience points operated by the victim G at the police (credit card number I is embezzled from E convenience points listed in subparagraph 1-A of the crime of the court below.

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