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(영문) 서울고등법원 (춘천) 2014.09.24 2014노127

특정경제범죄가중처벌등에관한법률위반(사기)

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of imprisonment with prison labor (four years) of the lower court is too unreasonable.

Judgment

Although the defendant acknowledges his mistake and has no criminal history at all, it cannot be said that the court below's punishment of 4-year imprisonment imposed within the scope of the sentencing guidelines is unreasonable, considering the following factors: (a) the defendant's mistake is recognized and there is no criminal history; (b) the victim can be commercialized with articles difficult to distribute normally on the ground that he is a public prosecutor of the prosecution; (c) the nature of the crime and the criminal situation are very heavy; (d) the damage is not recovered; and (e) the damage was not recovered for about 2 years before the arrest; and (e) other sentencing conditions indicated in pleadings, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc.

The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because it has no reason to appeal.