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(영문) 서울남부지방법원 2013.06.13 2013노572
사기
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is that the punishment sentenced by the court below (six months of imprisonment) is too unreasonable.

Therefore, the above judgment becomes final and conclusive on November 2, 201 after being sentenced to six months of imprisonment for fraud, etc. at the Seoul Southern District Court on September 1, 2009, and sentenced on September 9, 2009 at the Seoul Southern District Court on June 2, 201. Each of the crimes of this case was able to be tried together with the above final judgment; five million won out of the amount of damage; and five million won out of the amount of damage was repaid; and there was a minor age that requires the Defendant’s support.

However, in full view of the following circumstances: (a) even though the amount of damage exceeds 35 million won, the victim did not reach an agreement with the victim; and (b) there is no special circumstance or circumstance that may be considered newly after the sentence of the lower judgment; and (c) other various circumstances that form the conditions for the argument and the sentencing specified in 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 asserted by the Defendant and his defense counsel as the grounds for appeal, it is unreasonable to deem that the Defendant’s and his defense counsel are excessively unreasonable to the extent that the sentence imposed by the lower

Therefore, the defendant and his defense counsel'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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