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(영문) 서울동부지방법원 2015.04.09 2015노202

점유이탈물횡령등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) shall be excessively unreasonable.

2. The judgment of the Defendant is favorable to the Defendant, such as the fact that the Defendant made a confession and reflects all of the instant crimes, and that the Defendant agreed with the victim of the crime of embezzlement of stolen property, and that the Defendant reached an agreement with Y among the victims of the crime of fraud.

On the other hand, the defendant, without being aware of more than 10 times of punishment due to fraud, theft, etc., committed each of the crimes of this case during the period of repeated crime, most of the damage caused by frauds have not been recovered, and even after the lapse of one month after repeating the short-term fraud with the credit card of the acquired victim, it is an unfavorable circumstance to the defendant that the crime is bad in that the victim's driver's license is exercised without stopping the crime, and the victim's private document is forged in the name of the victim, and the non-driving has been conducted without the driver's license. Thus, if the defendant considered the above circumstances and all other factors of sentencing as stipulated in Article 51 of the Criminal Act, such as the defendant's character and behavior, motive, means and consequence of the crime, and the circumstances after the crime, etc., as stated in the argument of this case, it is unreasonable

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.