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(영문) 서울남부지방법원 2013.07.29 2013노837
사기
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is that the punishment (1.5 million won of fine) imposed by the court below is too unreasonable.

Therefore, it is true that there are various circumstances to consider the defendant, such as the fact that the defendant recognizes all of the crimes in this case and repents his mistake in depth, the fact that the defendant could have been tried together with the first head of the crime in the judgment of the court below which became final and conclusive, and the fact that the defendant seems to have economic difficulty.

However, in full view of the following circumstances: (a) the victims did not recover from their damage at all; (b) the Defendant did not reach an agreement with the victims; (c) the Defendant was punished for the same kind of crime; and (d) the lower court sentenced to a fine of KRW 1.5 million, which has been partially reduced by a fine of KRW 2 million under the summary order by taking into account various circumstances favorable to the Defendant; and (b) there is no special change in the circumstances or circumstances that may be newly considered in sentencing after the sentence of the lower judgment; and (c) other various circumstances that form the conditions of the argument and the record of the instant case, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) the circumstances that the Defendant asserted as the grounds for appeal, even if considering

Therefore, the defendant's assertion is without merit.

Therefore, 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.

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