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(영문) 서울북부지방법원 2018.06.28 2018노535
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the reasons for appeal (one and half years of imprisonment, and six months of imprisonment) is too unreasonable.

2. The lower court, based on its stated reasoning, sentenced the Defendant to the above-mentioned sentence on grounds of sentencing.

Although there are no circumstances that can be considered in light of the circumstances cited by the Defendant in the grounds of appeal, the lower court appears to have determined the punishment by fully considering these circumstances, and there are no changes in circumstances that may be considered newly in the sentencing after the lower judgment was sentenced.

In addition, even if the conditions of sentencing specified in the argument of this case, such as the character, behavior, motive and result of the crime, the circumstances after the crime, etc., are examined, the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act, on the ground that the Defendant’s appeal is without merit. It is so decided as per Disposition by the assent of all participating Justices (see, e.g., Supreme Court Decision 200, Oct. 7, 2015; Supreme Court Decision 2000, Oct. 6, 2015; Supreme Court Decision 2000, Oct. 13, 2015).

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