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(영문) 서울중앙지방법원 2013.10.08 2013노2180
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (two million won of a fine) is too unlimited and unfair.

2. It is reasonable to take into account the following circumstances: (a) the Defendant’s determination on the grounds for appeal reflects the wrongness of the Defendant; (b) the equitable relationship with the case where the judgment is rendered simultaneously with the crime of damaging special goods for public use for which the judgment became final and conclusive; (c) the health is not good; and

However, in full view of the following circumstances: (a) there is no agreement with the victims; (b) a summary order of KRW 3 million was issued; (c) the lower court sentenced a fine of KRW 2 million in consideration of the circumstances favorable to the Defendant; and (d) there was no special change in the circumstances or circumstances that may be newly considered in the sentencing after the sentence of the lower judgment was issued; and (c) other various circumstances that form the conditions for sentencing as indicated in the present arguments and records, including the Defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime; and (d) the circumstances after the crime was committed, the Defendant’s assertion

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

(However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, the judgment of the court below shall be corrected as it is the fact that the "thalth credit card" in the relevant legal provision on criminal facts in the application of the law of the court below is dismissed as "

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