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(영문) 서울서부지방법원 2017.08.17 2017노615

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment) is too unreasonable.

2. It is recognized that the judgment is based on the following: (a) the confession of the instant crime and the Defendant reflects his mistake; and (b) the fact that the judgment of the court below should take into account equity with the case of the judgment of the court below at the same time as

However, in full view of the following: (a) even though the amount of damage caused by the instant fraud was a large amount of KRW 175 million, a significant damage has not been repaid; (b) there is no change of circumstances that may be considered favorable to the Defendant in the trial; and (c) other factors of sentencing specified in the pleadings of the instant case, such as the Defendant’s age, sexual conduct, environment, and the process and consequence of the instant crime; and (d) the circumstances after the instant crime, etc., the lower court’s punishment is too unreasonable, and thus, the Defendant’

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.