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(영문) 서울중앙지방법원 2013.11.28 2013노3362
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 1.5 million won) imposed by the lower court is too unreasonable.

2. There are extenuating circumstances, such as the agreement with the victim to determine the grounds for appeal, and the fact that the defendant recognized his mistake and reflected his mistake.

However, on the other hand, the Defendant committed the instant crime even though he was sentenced to a suspended sentence for the same kind of crime and should be well aware of it due to the same crime, and the lower court appears to have determined the sentence by reducing a summary order of KRW 2 million by taking account of the circumstances favorable to the Defendant already favorable to the Defendant. In full view of the fact that there are no special circumstances or changes in circumstances that may be considered in the sentencing newly after the pronouncement of the lower judgment, and other various circumstances that form the conditions for sentencing as indicated in the instant records and arguments, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances following the crime, etc., even if considering all of the circumstances alleged by the Defendant as the grounds for appeal, it is not recognized that the Defendant’s assertion is unreasonable to the extent that the lower court’s sentence should be reversed, and thus, is not acceptable

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.

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