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(영문) 서울중앙지방법원 2016.10.14 2016노2421

사기미수

Text

The defendant's appeal is dismissed.

Reasons

1. The punishment (4 million won of a fine) of the first instance in the summary of the grounds for appeal is too unreasonable; and

2. The following may be considered in light of the circumstances favorable to the defendant: (a) the fact that the defendant forms a mistake; (b) the fact that the crime was committed in an attempted attempt; and (c) the case that the criminal defendant is tried at the same time as the judgment in the first instance where the imprisonment has become final and conclusive; and

However, the Defendant actively participated in the crime of fraud by preparing a false lease contract and a certificate of assignment of claims, etc., and the nature and circumstances of the crime are not somewhat weak, the Defendant did not agree with the victim, the Defendant had been punished for the crime of fraud several times prior to the instant crime, and the Defendant asserted the same purport in the first instance court. The Defendant also accepted the same part of the court of first instance, which was partially accepted by the court of first instance, reduced the fine for the summary order, and there are no other circumstances to reduce the punishment of the first instance court after the first instance court sentenced the first instance court, and the Defendant’s age, character and behavior, career, home environment, motive and means of the crime, and circumstances after the crime, etc., as a whole, it cannot be deemed that the first instance punishment is harsh.

Therefore, the defendant's assertion is not accepted.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.