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(영문) 서울남부지방법원 2016.09.08 2016노1115

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the victims have paid damages to the victims, and some victims have not been punished for the defendant.

The defendant tried to find a job suitable for aptitude while his mother, her mother, and her mother living together with her ability to enter a college and to enter a college.

The defendant is trying to have a job in the beauty art field, and the defendant is trying to work in good faith as a domain business expert without having any suspicion of crime after being released from prison.

When the judgment of this case becomes final and conclusive, one year of imprisonment shall be additionally imposed after the suspension of execution becomes null and void.

In full view of these circumstances, the punishment sentenced by the court below (eight months of imprisonment) is too unreasonable.

2. Although the Defendant was punished several times for the same kind of crime, the Defendant committed each of the instant crimes during the period of suspension of execution and repeated crime.

On the other hand, the defendant paid damages to the victims.

In addition, considering the circumstances favorable or unfavorable to the defendant and the defendant's age, character, career, family relation, environment, motive, means and consequence of the crime, circumstances after the crime, criminal records, and the reasons for sentencing of the lower judgment, the lower court's punishment is too unreasonable even in light of various circumstances asserted by the defendant as the grounds for appeal.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.