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(영문) 서울동부지방법원 2015.09.18 2015노943

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., 1 year of imprisonment and 2 months of imprisonment) of the lower court against the Defendant is too unreasonable.

2. It is recognized that the defendant is both aware of the crime and reflects the mistake in depth, the extent of damage is relatively small and most of the damage is recovered, and the victim M, T andO do not want the punishment of the defendant.

However, in full view of various circumstances, including the fact that the Defendant was sentenced five times to a sentence due to fraud and larceny, and that there was a criminal record of a suspended sentence one time, the instant crime was committed within one month from the date of the sentence of the suspended sentence, and the fact that the lower court has already determined the sentence by taking into account the equity with the case where the said suspended sentence was rendered simultaneously with the crime subject to the said suspended sentence, and that there was no presentation of the circumstances to change the sentence of the lower court in the trial, and that there was no circumstance to change the Defendant’s age, family relation, career, etc.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.