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(영문) 서울남부지방법원 2019.01.22 2018노1823
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (two years of imprisonment) is too unreasonable in view of the fact that the Defendant’s error in the grounds for appeal is against the Defendant, and that it is difficult for the Defendant to take account of difficult home circumstances.

2. The judgment does not only have the criminal records that have already been punished several times for the same criminal acts, but also did not show a serious reflective attitude as to his/her mistake by committing the first crime on February 9, 2013 after the execution of imprisonment with prison labor for six months was completed for fraud and committing the first crime only for four months. The majority of victims due to each of the crimes of this case are the victims, the amount of damage is significant, the damage is not recovered, the damage is not recovered, the new punishment was not mitigated after the judgment of the court below, and there are no other circumstances that can be mitigated in consideration of sentencing, and other various conditions of sentencing as shown in the arguments, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., are considered to be too unreasonable. Thus, the 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 on the ground that it is without merit. It is so decided as per Disposition.

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