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(영문) 서울북부지방법원 2017.11.06 2017노1816

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is excessively unreasonable.

2. The rationale behind the Defendant’s finding that the Defendant recognized his/her criminal act and against himself/herself, and that the principle of equity with the case where the judgment was rendered at the same time is considered is favorable to the Defendant.

On the other hand, the crime of this case is not likely to be a crime because the defendant deceivings the victim without the defendant's ability to repay and intent to repay.

Although the damage caused by the instant crime is considerable, the damage was not recovered at all.

When considering these circumstances, the sentence of sentence is inevitable for the defendant, even if the defendant takes into account the equity in the case of being judged at the same time as the judgment becomes final and conclusive.

The judgment below

There is no change in the sentencing conditions after the sentence.

In addition, taking into account the various circumstances that form the conditions for sentencing as shown in the record, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s sentence is too unreasonable.

3. 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 groundless.