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(영문) 서울동부지방법원 2017.07.21 2017노714

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) of this case’s sentencing conditions, the sentence of one year and six months, which the court below decided against the defendant, is too unreasonable.

2. In full view of ① favorable circumstances, the lower court sentenced the Defendant to the same punishment as described in paragraph 1, comprehensively taking into account the following: (i) the Defendant’s favorable circumstances; (ii) the victim D, K, I, N, and N agreed that the victims do not want the Defendant’s punishment; (iii) the Defendant committed the instant crime during the period of repeated offense; and (iv) the Defendant committed the instant crime at multiple times during the period of repeated offense; and (v) the Defendant had the same criminal

In full view of the above circumstances and other arguments and records, the sentencing of the lower court appears to have been appropriately determined by fully considering the various sentencing grounds asserted by the Defendant, and there are no special circumstances to the extent that the above punishment is modified.

In the end, the defendant's argument of sentencing is not acceptable.

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.