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(영문) 서울중앙지방법원 2017.02.09 2016노4338
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (one year and two months of imprisonment) is too unreasonable.

2. Although the defendant was committed in the appellate court for the first time, there were favorable circumstances in favor of the defendant, such as the fact that the defendant was both aware of and against all of the crimes committed, the defendant committed the act as if he performed his special public duties, such as non-funds by the former president, and committed the act as if he performed his own official duties, and used his personal trust relationship with the victim who was he accumulated with the same sexual party and used the religious as a means of deception; damage recovery or agreement was not reached against the victim even though the amount of damage was 65 million won in total; the defendant was punished for fraud in 2009; the defendant had the record of being sentenced to the suspension of the execution of imprisonment with prison labor on June 23, 201; since there was no special change in circumstances that could change the punishment of the court below after the issuance of the judgment below, the defendant did not accept the defendant's allegation that the defendant's punishment was too unfair, considering the following circumstances such as age, environment, sex, motive for committing the crime, and circumstances before and after the crime.

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. It is so decided as per Disposition.

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