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(영문) 서울동부지방법원 2015.08.13 2015노481

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) shall be excessively unreasonable.

2. The Defendant’s confession and reflects the instant crime, and the fact that the amount of damage is relatively small is favorable to the Defendant.

On the other hand, the defendant had a total of 10 times punishment, and there was a record of punishment 18 times, among which the sentence of punishment for the same kind of crime was imposed eight times or more, without being aware of the fact that the defendant again committed each of the crimes in this case during the repeated crime period without being aware of the sentence of punishment for the same crime, did not agree with the victims and did not take any measures to recover from damage, and the fact that the quality of the crime was poor in that the victims were committed for a large number of victims due to a false statement, etc., are disadvantageous to the defendant. Thus, if considering the above circumstances and other factors, taking into account all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, motive, means and consequence of the crime, and the circumstances after the crime, it does not seem that the court below'

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