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(영문) 서울중앙지방법원 2016.07.14 2016노1597
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable (eight months of imprisonment).

2. In full view of all the sentencing conditions in the records and theories of this case, including the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, etc., when considering the circumstances favorable to the Defendant, such as the Defendant’s acknowledgement of the Defendant’s mistake at the time of the trial, it cannot be deemed unfair because the sentencing of the lower court exceeded the reasonable scope of discretion, even if it is too unreasonable, considering the favorable circumstances for the Defendant, such as the Defendant’s acknowledgement of the Defendant’s mistake at the time of the trial, and reflects the Defendant’s mistake.

3. Accordingly, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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