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(영문) 서울중앙지방법원 2015.12.23 2015노4058

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the first instance court is too unreasonable;

2. In addition, the Defendant committed the instant crime even though he was under the period of repeated crime due to the same crime, not only had the record of having been punished several times by the crime of several laws similar to the instant case.

The nature of crimes is not very good in light of the law and content of crimes.

The amount of damage reaches 52 million won, and the damage has not been recovered or agreed.

The first instance court seems to have determined the punishment in consideration of all favorable circumstances for the defendant, and there is no change in circumstances that can be newly considered in sentencing after the judgment of the first instance.

In addition, considering the age, character and conduct, the environment and circumstances after the crime, all the sentencing conditions shown in the records and arguments, the first instance sentence is too unreasonable.

Defendant’s assertion is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit