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(영문) 대전지방법원 2016.01.21 2015노3643

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unreasonable.

2. The Defendant was involved in the instant crime, which had no particular criminal history; however, the Defendant took part in the instant crime, such as the so-called Bosing, etc., which causes damage to many unspecified victims in a systematic manner, and thus requires strict punishment due to the high possibility of social criticism; there was no submission of particular materials to acknowledge that the Defendant agreed with the victim C or recovered the damage; and unlike others, the judgment of the lower court exceeded the reasonable bounds of its discretion.

In full view of various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, etc., the court below's sentence against the defendant is too excessive and unfair. Thus, the defendant's argument of the sentencing is without merit. Thus, the defendant's argument of the sentencing is without merit. The court below's punishment against the defendant is too unfair, in full view of various sentencing conditions under Article 51 of the Criminal Act, including the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances before and after the crime.

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