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(영문) 서울중앙지방법원 2013.06.12 2013노1385

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable. 2. The judgment of this court does not have any criminal power similar to the defendant, and the defendant 2. A. the decision of the first instance court.

The crime was finally agreed with the victim, and the judgment of the court of first instance is 2. D.

Although it is recognized that the first head of the judgment in the first instance and the second sentence of Article 37 of the Criminal Act are concurrent crimes, considering these circumstances, the sentence is already determined in the first instance court. Considering the defendant's age, character and behavior, environment, family relationship, motive for the instant crime, means and consequence of the crime, circumstances after the crime, possibility of recidivism, it is difficult to view that the first instance court's fine imposed on the defendant and the suspended sentence of imprisonment is too unreasonable, and therefore, the above argument by the defendant disputing this point is not acceptable.

3. Accordingly, we cannot accept the Defendant’s appeal under Article 364(4) of the Criminal Procedure Act.