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(영문) 서울동부지방법원 2017.11.17 2017노1221
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of 2 years and 6 months sentenced by the court below is too unreasonable in light of the fact that the appeal grounds are against the summary (unfair sentencing) of the reasons for appeal.

2. In light of the following factors: (a) the judgment of the court below was examined; (b) the sentencing conditions indicated in the argument and the record of the instant case; and (c) the fact that most of the damage was not recovered even though the defrauded amount was a large amount of money, and there was the history of punishment for the same kind of crime, the sentencing of the court below appears to have been determined appropriately by fully taking into account the various sentencing grounds asserted by the defendant; and

In the end, the defendant's argument of sentencing is not acceptable.

3. Thus, 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 (Provided, That since it is obvious that " May 25, 2010" in Article 7 of the judgment of the court below is a clerical error of " May 26, 2010", the defendant's appeal is corrected as above in accordance with Article 25 (1) of the Rules on Criminal Procedure, since it is obvious that it is a clerical error of " May 26, 2010."

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