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(영문) 서울남부지방법원 2016.04.14 2015노1988
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the defendant participated in the crime in response to the proposal of Broman's response to the demand for repayment of the debt, the fact that the defendant's error is recognized, the profit gained by the crime of this case is merely 18 million won, and all of the proceeds used to repay the debt; the defendant is a plan to deposit 300-35 million won for the victim; support for his family including his two children; most of his previous convictions are fine for the same kind, and the previous convictions are only two times; and the defendant lives several times or more as the case of this case for five months or more, and it is unreasonable for the court below to punish the defendant as the punishment of this case (no. 10 months).

2. Examining the Defendant’s age, character and conduct, records of punishment, motive and consequence of the crime, etc. as indicated in the instant case and the sentencing reasons of the lower judgment in light of the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable, even if considering the circumstances asserted by the Defendant on the grounds of appeal.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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