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(영문) 서울남부지방법원 2017.05.25 2017노443

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal in light of the fact that the damage caused by the instant crime is not so significant, that the Defendant continues to endeavor to agree with the victims, and that the Defendant is living in good faith without re-offending in the future by breaking his mistake in depth, the sentence imposed by the lower court (one year and two months) is too unreasonable.

2. The Defendant began to commit the instant crime that constitutes a repeated crime before the lapse of three months after he/she was reinstated and released from prison due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief).

In addition, considering the circumstances surrounding the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., and the reasons for sentencing of the lower judgment on the grounds of appeal, considering the various circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unlimited and it is not determined that the Defendant exceeded the reasonable scope of discretion.

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.