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(영문) 서울중앙지방법원 2017.11.16 2017노2554

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts and improper sentencing) has no fact of deceiving the victim.

The sentence of the court below is too heavy.

2. Determination

A. In the lower court’s determination as to the assertion of mistake of facts, the Defendant alleged the same as the grounds for appeal, and the lower court acknowledged the Defendant’s criminal intent by deception on the grounds as indicated in its reasoning.

When examining the reasoning of the court below closely with the records of this case, the judgment of the court below is justified, and the defendant's assertion disputing this is without merit.

B. The lower court’s punishment is adequate in full view of all the sentencing conditions indicated in the instant records, including the following: (a) the nature of the crime is bad in light of the content of deception of the determination as to the unfair argument of sentencing; (b) the damage is not recovered; and (c) the Defendant has a criminal record of the same kind of fine; and (d) the Defendant’s age, sexual conduct

3. The defendant's appeal is dismissed on the ground that it is without merit.