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(영문) 서울중앙지방법원 2014.04.03 2014노211

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (eight months of imprisonment) is too unreasonable.

2. Although there are extenuating circumstances for the defendant, such as the fact that the defendant's decision on the grounds for appeal is in profoundly against the defendant's mistake, the fact that the sentence of the previous suspension of execution is likely to be invalidated if the judgment of this case becomes final and conclusive, the defendant did not agree with the victim and has a large number of criminal records; the defendant has committed the crime of this case; the defendant is in a repeated term and has committed the crime of this case even during the suspension of execution; the court below determined the punishment in consideration of the circumstances favorable to the defendant; the court below did not change any special circumstances or circumstances that may be newly considered in sentencing after the sentence of the court below was rendered; and the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime were committed, and it is not recognized that the defendant's assertion is unreasonable because the sentence imposed by the court below is too excessive.

3. 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.