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(영문) 서울서부지방법원 2015.05.15 2015노420
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal by the defendant is too unreasonable;

2. The circumstances favorable to the Defendant are as follows: (a) the Defendant led to the first instance trial to the entire confession of the instant crime; (b) the Defendant’s old age and health status is not good; and (c) the Defendant’s benefit from the instant crime does not seem to be significant.

On the other hand, the fact that the defendant has a history of punishment for the same crime, the damage of the victim is considerably large and the damage is not recovered, etc. are disadvantageous to the defendant.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstance of the crime of this case, and all the sentencing conditions as shown in the arguments of this case, such as the defendant's age, character and conduct, family relationship, the motive and circumstance after the crime of this case, etc. In addition, the sentencing guidelines for eight months sentenced by the court below shall be set up by the Sentencing Committee of the Supreme Court [the scope of recommendations] general fraud in consideration of the fact that the basic area (8 to four years) is described in the category 2 (at least KRW 100,000, less than KRW 500,000): the first step increase (no special person) as a result of summing up the same competition, it does not seem that the sentence

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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