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(영문) 서울동부지방법원 2013.05.09 2013노296

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The grounds for appeal (unfair punishment) by the court below against the defendant are too unreasonable.

2. The following facts are: (a) the Defendant was sentenced to a punishment of two-year suspension of execution on December 17, 201; (b) the Defendant committed the instant crime on December 23, 201; (c) the Defendant agreed with the victim; (d) the victim submitted a written application to the court of first instance to the Defendant that the Defendant was the Defendant’s wife; and (e) the Defendant should take into account equity with the case where the Defendant was tried together with the instant crime and judgment and the established fraud, etc.; (d) the Defendant was sentenced to a fine on several occasions for the same crime; (e) on December 9, 2010, the Suwon District Court sentenced the Defendant to a punishment of two-year suspension of execution on the grounds of fraud, etc. at the Suwon District Court, which was under the suspension of execution; (e) on December 23, 2011, the Defendant again committed the instant crime on behalf of the victim; (e) the sentencing of the lower court appears to have taken into account most favorable circumstances; and (e) the Defendant’s motive and motive of the instant crime;

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.

(However, the lower court’s judgment stated that “ February 15, 2003.” from the lower part of the first page constitutes a clerical error in the statement of “ February 15, 2013.” and thus, it was corrected to “ February 15, 2013.” under Article 25 of the Rules on Criminal Procedure.