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(영문) 서울남부지방법원 2017.01.13 2016노2079
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original court (five months of imprisonment) shall be too unreasonable as to the summary of the grounds for appeal.

2. Determination ① The fact that the defendant did not deny the crime of this case if he was in the first instance trial, and that the victim E expressed his intent that he would not want the punishment of the defendant in the original trial is favorable.

② However, in full view of all the circumstances, including the following: (a) the Defendant was sentenced to imprisonment for eight months in fraud in 201; (b) six months in prison; (c) two years in probation period for a repeated crime; and (d) the Defendant committed the instant crime during the period of probation for the interest period for a repeated crime; (c) the injury amount of the instant crime was not yet recovered; and (d) the background, means, results, and the circumstances after the instant crime were committed, it cannot be deemed that the sentence of the lower court is too unreasonable because it was too unreasonable.

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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