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(영문) 서울중앙지방법원 2016.08.11 2016노1979

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of eight months and the suspension of execution of two years) is too unreasonable.

2. The Defendant recognized all of the instant crimes and reflected in the judgment.

The defendant paid 15 million won to the victim by fraud and agreed with the victim.

However, the crime of this case is not suitable in light of the purpose, motive, degree of damage, etc. of the crime by taking advantage of the criminal defendant's relationship with the victim, and by taking advantage of the criminal intent, motive, and degree of damage.

In the past, the defendant has been punished several times for crimes such as the same kind of violence and injury.

In full view of all the sentencing conditions indicated in the instant case, including these circumstances, including the Defendant’s age, sex, family environment, and circumstances after the commission of the crime, in the instant case where, compared to the first instance court, there is no change in any particular sentencing condition, the first instance sentencing was exceeded the reasonable scope of discretion.

It does not seem that it does not appear.

3. As such, the defendant's appeal is dismissed on the ground that it is without merit.