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(영문) 서울서부지방법원 2018.04.12 2018노60

사기

Text

The defendant's appeal is dismissed.

Reasons

The Defendant appealed on the ground that the lower court’s punishment (six months of imprisonment) was too unreasonable.

In light of the fact that the defendant reflects his mistake and commits each of the crimes of this case even during the suspension period of execution for the same kind of crime, the court below imposed a sentence by taking into account the following factors: (a) the responsibility for the crime of this case was considerably significant; (b) the payment to the victims was reflected in the crime of the same kind of crime; and (c) the suspension of indictment was decided in 2014 to transfer the case to the Juvenile Department; and (d) the crime of the same kind of crime committed again after the suspension of execution was sentenced, even though the defendant's Green Age and the amount of the damage was reflected in the repayment of the damage was declared, and thus, there is a need for a strict punishment for the crime of fraud of goods repeated by the defendant; and (d) other

Examining the evidence of this case and the above sentencing, the lower court’s judgment exceeded the reasonable bounds of discretion.

There is no change in circumstances that can not be seen as being unfair, and that maintaining it in the trial is unfair, so the sentence of the court below cannot be deemed unfair because the sentence of the court below is too large.

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.