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(영문) 서울중앙지방법원 2016.02.17 2015노4635
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The first deliberation punishment (two years of imprisonment) of the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. The Defendant is against the Defendant’s mistake by recognizing all of the crimes, when it comes to the first instance judgment.

However, the Defendant not only had the record of being sentenced to punishment several times due to the crimes of several laws similar to the instant case, but also committed the instant crime during the period of repeated crime due to the same crime.

In light of the methods and contents of crimes, and the scale of damage, the nature and circumstances of crimes are not very good.

There is no change in circumstances that can be newly considered in sentencing after the judgment of the first instance.

In addition, in full view of all the sentencing conditions shown in the records and arguments, such as the defendant's age, sex, environment, and circumstances after the crime, the first deliberation punishment is too unreasonable.

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 grounds that the defendant's appeal is without merit.

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