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(영문) 서울남부지방법원 2013.03.28 2012노1940
사기
Text

The defendant's appeal is dismissed.

Reasons

The gist of the grounds for appeal by the defendant is that the punishment imposed by the court below (one million won of fine) is too unreasonable in light of various circumstances, such as the fact that the defendant is divided into his own mistake in depth, that the victim wants to take the wife against the defendant, and that the defendant is in an economically difficult position.

Therefore, the Defendant committed the instant crime, even though there was a history of punishment for the same type of crime, and the lower court, taking into account the circumstances favorable to the Defendant, sentenced to a fine of KRW 1,00,000 by reducing a fine of KRW 2,00,000 under a summary order, taking into account the factors favorable to the Defendant. There is no special change in the circumstances or circumstances that may be newly considered in sentencing after the sentence of the lower judgment. In full view of all other circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and circumstances that are conditions for sentencing as indicated in the arguments and records, even if all of the circumstances asserted by the Defendant as grounds for appeal are considered, it is not deemed unreasonable to deem that the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

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