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(영문) 서울남부지방법원 2016.11.11 2016노1746
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence of imprisonment with prison labor (ten months) by the lower court is too unreasonable;

2. Determination ① The favorable circumstance is that the Defendant recognized the instant crime.

② However, the Defendant committed the instant crime during the period of suspended execution, even though he was sentenced to imprisonment for ten months and two years of suspended execution in 2014, on the other hand, five times as a crime of fraud, four times as a crime of embezzlement, and two times as a crime of violation of the Military Service Act, and the Defendant sold the vehicle acquired by the Defendant through the instant crime under 2015 Godan4915 to 35 million won.

(Evidence Records 9, 51). In full view of all the circumstances, including the fact that the Defendant did not make a reimbursement for damage, and the fact that the Defendant violated discipline even while being detained in the instant case (the 97th page of the trial record), there is no change of circumstances that may be additionally reflected in the sentencing after the decision of the lower court, and the fact that there is no change of circumstances that may be additionally reflected in the sentencing following the decision of the lower court. (3) In full view of all other circumstances, the sentence of the lower court cannot be deemed to be excessively unreasonable.

3. As such, 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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