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(영문) 서울동부지방법원 2015.07.16 2015노573

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) shall be too unreasonable, due to the gist of the grounds for appeal.

2. The circumstances favorable to the Defendant include the following: (a) the Defendant’s confession and reflect on the instant crime; and (b) the Defendant’s health status was not good due to an operation during his/her prison, etc.

On the other hand, the defendant committed each of the crimes of this case, without being aware of the fact that he had been punished more than seven times in total due to the same crime, and committed each of the crimes of this case without being aware of the fact that he had been punished more than seven times, completed the execution of punishment for the same kind of crime, and committed a repeated crime period for which several months have not elapsed, by forging the document with an identification card, and used the stolen credit card, which is not the quality of the crime, the poor, and the failure to agree with the victims and did not take any measures for the recovery of damage, etc., are disadvantageous to the defendant. In light of the above circumstances and other various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below cannot be deemed to be unfair because it is too 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.