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(영문) 서울중앙지방법원 2016.08.18 2016노1871
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of imprisonment) is too unreasonable.

2. The judgment of the court below has the record of having been sentenced to imprisonment several times for the same crime, and the defendant has been sentenced to imprisonment with prison labor for the same crime and has not completed the execution of the sentence due to the previous crime in the judgment of the court below, and repeats each crime of this case as a repeated crime because the crime of this case has not been completed due to the crime before and after the judgment of the court below. The crime of this case is detrimental to trust in the Internet trade and its nature is not good. The frequency of the crime of this case and the number of victims, the damages caused by the crime of this case have not been restored, there is no special circumstance or change that can be newly considered in sentencing after the judgment of the court below was rendered, and all the sentencing conditions of this case, including the defendant's age, sexual behavior, environment, motive, means and consequence, and the situation after the crime, are considered, even if considering the circumstances favorable to the defendant, it cannot be deemed that the sentencing range of the recommended sentencing range in accordance with the sentencing guidelines set by the Supreme Court's sentencing committee [one year and two years to six months and six months, respectively.]

3. Accordingly, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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