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(영문) 서울남부지방법원 2016.01.08 2015노675
사기
Text

The defendant's appeal is dismissed.

Reasons

In light of the circumstances such as the defendant's nature of appeal and the fact that the defendant must support his family, the punishment of two years of suspended execution (80 hours of community service) in the six-month imprisonment sentenced by the court below is too unreasonable.

In light of the circumstances alleged by the Defendant, the circumstance of the Defendant’s assertion, and the circumstances agreed with the victim at the lower court, the Defendant’s history of punishment has reached 22 times, which includes five times the past records subject to punishment for criminal of the same kind in this case, and the Defendant’s refusal to summon the court at the lower court, and the Defendant was detained by the warrant, and the Defendant was not present at the trial date at the lower court, and the circumstances subsequent to the crime are also poor. The Defendant agreed on April 23, 2015, which was immediately after the detention on April 21, 2015, but this was made two years after the time of the crime, which was 20 million won after the lapse of two years from the time of the crime, and other various circumstances, including the Defendant’s age, sex, character, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s sentence should be deemed to be adequate and unreasonable, and it is not unreasonable.

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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