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(영문) 서울동부지방법원 2014.11.06 2014노918
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the victim does not want the punishment of the defendant when the victim makes a installment payment of the amount of fraud by making an original agreement with the victim. However, the victim is residing in a foreign country and does not follow the procedure of regular agreement and withdrawal of complaint due to health problems. Thus, the punishment (ten months of imprisonment and two years of suspended execution) imposed by the court below is too unreasonable.

2. In light of the judgment, the circumstances such as the defendant's recognition of the crime of this case, the agreement with the victim and partial repayment of damage, etc. are favorable to the sentencing, but there is no change in the circumstances already considered in the court below. In light of the above favorable circumstances, even if considering all of the relation between the defendant and the victim, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime are considered, it cannot be determined that the court below's punishment should be reversed excessively and unreasonable.

The defendant's assertion of unfair sentencing is without merit.

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 by the defendant is groundless. It is so decided as per Disposition

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