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(영문) 서울중앙지방법원 2016.01.29 2015노4322

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The first deliberation punishment (the punishment of imprisonment for 8 months, the suspension of execution for 2 years, and the community service order 120 hours) of the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. The extent of damage to the victim C is small and the damage has not been recovered or agreed.

There is no special circumstance or circumstance that can be newly considered in sentencing after the judgment of the first instance.

In addition, in full view of the defendant's age, sex, environment, circumstances of crime, details, results, and all the sentencing conditions shown in the records and arguments, it is not unfair that the first deliberation punishment is too unreasonable.

Defendant’s assertion 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.