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(영문) 서울동부지방법원 2015.01.22 2014노1593
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (two years and six months of imprisonment and confiscation) is too unreasonable.

2. The judgment of the defendant is a favorable condition to the defendant, such as the confession of all of the crimes of this case and the agreement with the victims.

However, considering the various circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, etc., the sentence imposed by the lower court is too unreasonable, and thus, is not recognized as being too unreasonable, considering the following: (a) the Defendant was punished more than twice in several times; (b) six times in which the Defendant was punished as a penalty; (c) the Defendant committed the instant crime repeatedly without being aware of during the repeated period of the crime of fraud; and (d) the method of the instant crime is planned and intelligent; and (e) the Defendant’s age, character and conduct, environment, family relationship

Defendant’s assertion is without merit.

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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