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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.
2. It is favorable that the Defendant’s judgment is recognized as committing the instant crime when it comes to the trial, and the fact that it is necessary to consider equity with the case when it comes to the concurrent crimes under the latter part of Article 37 of the Criminal Act with the record of criminal records stated in the judgment below.
On the other hand, the crime of this case is an unfavorable condition, such as the fact that the defendant defrauds the sum of KRW 11 million and uses it by forging a joint and several surety contract under the name of another person and the crime is not good, the total amount of defraudation is not much, and the damage recovery in relation to the crime of this case has not been performed at all and has not been agreed with the victim.
There is no special relationship or change of circumstances that can be newly considered in the trial of the political party, and in full view of various sentencing conditions shown in the records and arguments of this case, including the defendant's age, character and conduct, family relationship, circumstances after the crime, etc., the sentence of the court below is too unreasonable.
Defendant’s assertion is not accepted.
3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.