beta
(영문) 부산지방법원 2015.09.17 2015노1332

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The circumstances favorable to the Defendant are the following: (a) the Defendant is making a confession of the instant crime; and (b) the equity between the case to be tried along with the first head crime as indicated in the holding of the lower judgment.

However, in full view of the fact that the Defendant did not reach an agreement with the victim or did not repay the money obtained through deception until the court of the trial, that the court below has already determined the punishment by fully taking into account the above circumstances, and that there is no change of circumstances that could change the current age and punishment, and that there is other factors such as the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the instant crime, and the circumstances after the crime, the court below’s punishment is deemed appropriate.

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

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.