beta
(영문) 서울중앙지방법원 2013.12.13 2013노3602

절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower judgment is too unreasonable in light of the following: (a) the summary of the grounds for appeal (e.g., the Defendant’s depth reflects the Defendant; (b) the amount of damage was relatively small; (c) the Defendant committed the instant fraud due to his living; and (d) the Defendant’s age was her age.

2. Although the Defendant is against the judgment, the crime of fraud in the instant case is committed against many and unspecified persons, which is not good in the nature of the crime, and it is difficult to see that the sum of the amount of fraud is less than the amount of fraud, the Defendant has the same criminal record, the Defendant has not recovered from damage, and other circumstances, including the Defendant’s age, character and conduct, background of the crime, means and consequence, which are the sentencing conditions specified in the records and arguments in the instant case, such as the circumstances after the crime, do not seem to be too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, 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.

(However, the “child” of No. 5 per annum of the judgment below is a clerical error in the “child book”, and the “S” of No. 6 per year is a clerical error in the “book”, and the “S” of No. 11 per year is a clerical error in the “T”, and it is apparent that the “U” of No. 12 per year is a clerical error in Q. Thus, it is obvious that it is a clerical error in Q., under Article 25 of the Regulations on Criminal Procedure, each correction is made.