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(영문) 서울북부지방법원 2018.07.26 2018노912

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s punishment (six months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. Although there are no circumstances in view of the circumstances, such as the fact that the instant damage amount was relatively small in the judgment on the grounds of appeal, and that the Defendant recognized all the instant crimes, the lower court appears to have rendered a sentence by fully considering such circumstances, and it is reasonable to respect the sentencing of the lower court in the instant case where there is no change in circumstances that may be newly considered in sentencing after the sentence of the lower judgment.

In addition, even if considering the character and conduct of the defendant, the motive of the crime (in the case of a part of the crime, it is difficult to say that the crime was committed merely by theft, and thus, it is hard to say that the crime was committed with livelihood), and the various sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, are examined, the sentence of the court below

Therefore, the defendant's assertion is without merit.

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