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(영문) 대구지방법원 2019.01.31 2018노4678
컴퓨터등사용사기등
Text

All appeals filed by prosecutors, Defendant A, and C shall be dismissed.

An application for compensation by an applicant for compensation in the trial of the party shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (Defendant A: Imprisonment with prison labor for 6 months, Defendant B: imprisonment for 6 months, probation period for 2 years, community service order for 80 hours, Defendant C: imprisonment with prison labor for 1 year and 2 months) that the lower court sentenced the Defendants is unreasonable.

B. Each sentence imposed by the lower court against the Defendants A and C is too unreasonable.

2. The lower court, together with the examination of the grounds for appeal and the allegation of unreasonable sentencing by the Defendant A and the Defendant C, considered that there was no record of criminal punishment for the same crime, Defendant B did not have any record of criminal punishment yet to be subject to criminal punishment, Defendants A conspired with the victims and committed the instant crime without being sentenced to imprisonment for the instant crime even though they had been under suspension of execution. Defendant C had a record of criminal punishment for the same crime, and Defendant C had already been sentenced to criminal punishment for several times in the same crime, and Defendant C had a record of criminal punishment for a similar crime under several Acts and subordinate statutes, and began to commit the instant crime only five months in the absence of a repeated crime even though he was under suspension of execution, and there was no record of criminal punishment as a substitute for the instant crime. Defendant A had no record of criminal punishment, Defendants B had no record of criminal punishment yet to be subject to criminal punishment, Defendants were sentenced to imprisonment with prison labor for some victims (one hundred and seventy five million won) and some of the previous crimes can be deemed to have been directly and severally invalidated.

In addition, all kinds of sentencing, such as the age, character and conduct, environment, health, the background and means of committing the crime, the scale and result of the crime, the circumstances after the crime, etc., which can be known through records and pleadings.

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