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(영문) 대전지방법원 2013.11.21 2013노2181
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The 8-month imprisonment sentenced by the court below is too large and unfair.

2. The judgment is based on the following facts: (a) the Defendant reflects his mistake; (b) the Defendant has no record of having been punished for the same offense; (c) the Defendant did not make any particular effort to recover damage to the victims; and (d) the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime; and (e) considering various sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means, and circumstance before and after the crime, the sentencing of the lower court is too unreasonable. Therefore, the Defendant’s above assertion is groundless.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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