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(영문) 서울중앙지방법원 2016.08.26 2016노1844

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence sentenced by the first instance court (one month of imprisonment) on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. The judgment does not contain any special criminal records other than four times of fine, and the defendant has committed a misunderstandings, but it is difficult to view that the sentence of the first instance court is unfair because it is too unreasonable, even if examining in detail various circumstances, such as the defendant's age, sexual conduct, environment, family relationship, motive, means and consequence of the crime, and circumstances after the crime, etc., including the fact that the defendant did not recover from damage, and there is no change in the sentencing conditions that may be particularly considered in the appellate trial.

Therefore, the defendant's argument that the above sentencing is unfair is without merit.

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.