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(영문) 서울동부지방법원 2015.06.18 2015노386

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of one million won) imposed by the lower court is excessively unreasonable.

2. Determination is the circumstances favorable to the Defendant that the Defendant led to the confession and reflect of the instant crime, the damage is relatively minor, and the beneficiary of basic living benefits is economically difficult.

On the other hand, even though the defendant had been punished more than 10 times for the same kind of crime including six times of punishment, he did not know about the fact that he again committed the crime in this case without being aware of the fact that he did not agree with the victim, and did not take any measures to recover from damage, etc. It is disadvantageous to the defendant. In light of the above circumstances and other factors, taking into account all the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

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