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(영문) 서울서부지방법원 2018.06.28 2018노351
사기등
Text

The defendant's appeal is dismissed.

Reasons

The Defendant appealed on the ground that the lower court’s punishment (one year of imprisonment) was too unreasonable.

The lower court determined punishment by taking account of various sentencing conditions, such as the Defendant’s age, sexual conduct, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc., taking into account the following factors: (a) the Defendant’s criminal records, including two times of imprisonment, were considered to have been punished on several occasions; (b) the Defendant committed a crime of fraud; (c) the Defendant’s mistake and reflects all the Defendant’s mistake; and (d) the Defendant’s punishment was determined by taking into account the circumstances after the crime, etc.

In addition to the evidence of this case and the fact that the above sentencing was examined, and the defendant did not respond to the summons of the investigation agency regarding the crime of fraud in 2009, the judgment of the court below exceeded the reasonable limit of discretion.

The defendant's assertion is not acceptable since there is no change of circumstances that can be seen as unfair to maintain it as it is in the appellate court.

Since the appeal by the defendant is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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