서울북부지방법원 2016.09.29 2016노1254



The defendant's appeal is dismissed.


1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one hundred months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Although there are no circumstances to consider the circumstances, such as the fact that the Defendant recognized the instant crime, the fact that the Defendant received the full amount from the victim, and the fact that the Defendant had no record of criminal punishment, the lower court already determined the punishment by taking account of the circumstances favorable to the Defendant, the lower court did not change any special circumstances or circumstances that may be newly considered in the sentencing after the sentence of the lower judgment, and other various circumstances that form the conditions for the pleadings and the sentencing indicated in the records of the instant case, including the Defendant’s age, sex behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, are not recognized as unfair because the sentence imposed by the lower court is too excessive.

3. In conclusion, 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 without merit. It is so decided as per Disposition.