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(영문) 서울동부지방법원 2012.11.08 2012노1037

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for ten months) of the lower court is excessively unreasonable.

2. The judgment of the court below is recognized that the defendant committed each of the crimes of this case and the amount of the defraudation of this case is not so significant. However, each of the crimes of this case is likely to inflict bodily harm on a female owner by taking a scam at the same drinking house twice a week during the same period of time, and is not good in light of the criminal history and the applicable law. The defendant was punished several times to commit the crimes such as fraud, violence, obstruction of performance of official duties, etc. while being committed in the state of taking advantage, violence, violence, and obstruction of performance of official duties, and even after being arrested as an offender and taken custody of the police officer in the police box, it is deemed that the punishment of the court below is proper in full view of all the circumstances shown in the records and arguments, such as the defendant's age, character and behavior, environment, power, circumstance before and after the crime, etc., and there is no change of circumstance that differs from the punishment of the court below, such as recovering the damage or receiving a letter from the victims.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.